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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 […]
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 […]
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 […]
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 […]
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 […]
Court Dismisses Lawsuit Challenging Hospital’s COVID Vaccination Requirement
Houston Memorial Hospital and several affiliated health care facilities announced to their employees on April 21, 2021 that they had until June 7, 2021 to show proof that they were […]
Reasonable Agreements and the FLSA: A Different Approach to Wage-Hour Issues Raised by Working from Home
We’ve always had employees who worked from home, either by their choice, their employers’ choice, or the nature of their work. Since March of 2020, however, in response to the […]
Will the New Sheriff in Town be the Old Sheriff?
The issue of who is an employee versus an independent contractor never grows old, it seems. The basic federal guidelines for what constitutes an employment relationship were first enunciated by […]
The COVID Vaccine and Workplace Compliance
By Brian Farrington and Casey Erick
It sometimes seems that an eternity has passed since early 2020, when COVID-19 began to […]
Dallas Employee Sick-Leave Ordinance Slated to Start April 1 has Been Blocked
Updated, Mar. 31, 2020, via Brian Farrington — this news updates an original article on this topic, from Casey Erick, Aug. 8, 2019.
The US District Court for the […]