“OK, Boomer,” a meme popularized by younger generations on social media, made its first (and likely only) appearance in the United States Supreme Court last month. If you are unfamiliar with the meme, it is a tongue-in-cheek retort used by young people – often on social media apps like TikTok and Twitter – to criticize older generations for being “out of touch.” Chief Justice John Roberts, 65, invoked the viral meme during oral arguments in…

Federal regulation of employee non-compete agreements will be the focus of a workshop hosted by the Federal Trade Commission (FTC) Thursday, Jan. 9, 2020, in Washington, DC. First announced by the FTC on Dec. 5, 2019, the purpose of the workshop is “to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee employment contracts.” The FTC…

Effective Dec. 20, 2021, the federal Fair Chance to Compete for Jobs Act will prohibit federal contractors from inquiring-either directly or through a background screening process-into an applicant’s criminal background until after the contractor extends a conditional job offer to the applicant. The law will only impact those applicants seeking employment in positions related to “work under” the federal contract. Furthermore, the law will not prohibit pre-offer criminal background inquiries related to contracts where criminal…

The U.S. Department of Labor (DOL) is making significant changes to the regulations covering the regular rate of pay under the Fair Labor Standards Act (FLSA) for the first time in more than 50 years. The FLSA entitles most covered, nonexempt employees to receive overtime pay of at least one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek. Definition of “Regular Rate” Under the FLSA,…

To borrow a line from a well-known Andy Williams song, “It’s the most wonderful time of the year.” The months of November through January are known for office holiday parties. All of this fun brings an increased risk of liability for employers, and for that reason it is important to be proactive and create a plan to avoid risks so that your company is not left dealing with any headaches in the New Year. Decking…

On Dec. 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B cap season 2021 will begin on March 1, 2020 and end on March 20, 2020. Once selections have been announced, those selected will have 90 days to submit the petitions. H-1B electronic registration requirement On Jan. 31, 2019, USCIS issued the final rules requiring employers to electronically register each intending beneficiary to enter the random selection…

While many employers are gearing up for the holidays, many employees across the U.S. will see an increase in minimum wage. On Jan. 1, 2020, the minimum wage will increase in numerous states and cities throughout the country that have adopted their own minimum wage laws, which provide for a higher rate than the federal minimum wage of $7.25 per hour. In areas where minimum wage laws overlap, employees are entitled to receive the highest…