In April 2024, the Department of Labor announced a final rule, entitled Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Executives, which aimed to increase the salary that employees must be paid, in addition to performing
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What Employers Should Do Regarding the Looming Effective Date of the FTC’s Non-Compete Ban
As discussed previously, the Federal Trade Commission published a rule banning “non-compete clauses” in almost all cases involving employees, independent contractors, externs, interns, volunteers, apprentices, and sole proprietors who provide services to a person.
The rule is currently
Employment LawScene Alert: FTC Bans Employee Non-Competes, but Legal Challenges Expected
The administrative agencies are having a busy week! In addition to the DOL issuing an updated rule on the salary basis to be overtime exempt, on Tuesday, April 23, 2024, the Federal Trade Commission voted 3-2 on its long-awaited non-compete
Employment LawScene Alert: DOL Issues Final Overtime Rule with Significant Salary Threshold Increase
Under the Fair Labor Standards Act, non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for all hours worked in a workweek in excess of 40. In order to be considered exempt, an employee must be
Employment LawScene Alert: Biden Proposed Budget Has Labor and Employment Signals
On March 11, 2024, President Biden released the Budget of the U.S. Government for Fiscal Year 2025. Although this proposed budget is only a proposal and unlikely to pass either the House or the Senate as currently drafted, it does
Employment LawScene Alert: Dust Off Those Handbooks–The NLRB Has Changed Its Rules (Again)
Because the incumbent President appoints members of the National Labor Relations Board (NLRB), the NLRB’s decisions often reflect the policy choices of that President’s political party. Generally, when a Democrat holds office, the NLRB’s decisions are more employee and union-friendly,
Employment LawScene Alert: Pregnant and Nursing Employees Have Newly Expanded Rights
On December 29, 2022, President Biden signed the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA) into law. Both expand the protections for pregnant, postpartum, and nursing employees, who may also
Employment LawScene Alert: Religious Accommodation in Employment Will Have Its Day at the High Court
In recent years, the U.S. Supreme Court has made major employment law headlines with its Bostock decision (holding sexual orientation and gender identity are protected classes under Title VII) and Epic Systems decision (holding class-action waivers are enforceable against employees),
Employment LawScene Alert: Vote! And Remember That Your Employees are Entitled to Time Off to Vote!
Tuesday, November 8, 2022, is Election Day. Although early voting is underway, many people will want to vote in-person on Election Day. All Wisconsin employers, regardless of size, are required to provide employees who are eligible to vote up to
Employment LawScene Alert: Seventh Circuit Holds That Employer Did Not Discriminate Against Pregnant Employees by Reserving Light Duty Positions Only for Employees Injured On The Job
On August 16, 2022, the U.S. Court of Appeals for the Seventh Circuit issued a decision in EEOC v. Wal-Mart Stores East, L.P. (found here), holding that Wal-Mart did not discriminate against pregnant employees by reserving temporary light duty