The Federal Trade Commission Issues Final Rule Banning Most Non-Compete Agreements
Employment attorneys, Brian Farrington and Casey Erick explain the recent FTC final rule banning most Non-Compete Agreements, the Effective Date, and whom it affects.
New Regulations Implementing the Pregnant Workers Fairness Act Contain Controversial Provisions Requiring Employers to Provide Women with Time Off to Obtain Abortions
After some delay, the EEOC issued its final regulation on April 15, 2024 (the regulations go into effect on June 18, 2024). In the regulations, the terms “childbirth, or related medical conditions” include “having or not having an abortion.” 29 CFR 1636.3(b). Labor and Employment attorney Brian Farrington explains.
Biden Administration’s Department of Labor Raises Salary Test for Exempt Employees
Labor and Employment attorney Brian Farrington explains the recent Department of Labor changes to the Salary Test for Exempt employees.
Bernie Sanders Proposes 32-Hour Workweek, and Daily Overtime
Employment Law attorney Brian Farrington, who previously worked at the Dept. of Labor Wage and Hour Division, explains the 32-Hour Workweek Act - introduced by Senator Bernie Sanders.
Pregnant Workers Fairness Act Becomes Effective
Pregnant workers often experience extra hardships in the workplace. It is very common for pregnant workers to require more frequent rest breaks and bathroom breaks, to need to sit, and to avoid heavy lifting. Such assistance is usually referred to as “accommodation.”
A Daily Rate of Pay, No Matter How High, is Not a Salary — Says the Supreme Court
Discussion of the February 2023 Supreme Court decision in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, 2023 U.S. LEXIS 944 (Feb. 22, 2023). Michael Hewitt was a tool pusher employed by an energy producer, Helix Energy Solutions Group. As anyone raised in Texas knows, a tool pusher [...]
Ending Forced Arbitration for Allegations of Sexual Assault and Sexual Harassment
Effective immediately, employer-employee arbitration agreements common in business may no longer compel employees to arbitrate disputes concerning allegations of sexual assault or sexual harassment. This is the result of the enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFA”), H.R. 4445. The EFA amends [...]
The Supreme Court Upholds Stay of President Biden’s OSHA Vaccination Mandate; Overturns Stay of Healthcare Workers Mandate — Where Do Things Stand Now?
The Supreme Court today handed down two per curiam decisions that will have significant impact on the nation’s fight against COVID-19. In per curiam decisions, there is no signed majority opinion, but in each case, there are signed dissents, by the usual suspects. In National Federation of Independent Businesses [...]
Vaccine Mandate, OSHA, and the Fifth Circuit
On Saturday, November 6, the Fifth Circuit Court of Appeals issued an Order staying implementation of the OSHA emergency rule mandating vaccinations for employees of employers with 100 or more employees. That mandate is scheduled to take effect January 4, 2022. The Order was only a brief per curiam [...]
Starting September 1, 2021 – Texas Employers of ANY SIZE Can Be Sued for Sexual Harassment in the Workplace
The Texas Legislature recently passed Senate Bill 45 (SB 45) paving the way for any Texas employer – of any size – to be sued for sexual harassment in the workplace. The bill also expands liability to include individual actors as well as businesses. As a result, SB 45 now [...]
