E-lerts

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a Final Rule banning nearly all non-compete clauses in employment agreements nationwide. As set forth in the FTC’s fact sheet, non-compete provisions are “an unfair method of competition” and therefore violate the Federal Trade Commission Act. The […]

On Tuesday, April 23, 2024, the United States Department of Labor (DOL) released a final rule raising the salary thresholds to qualify for overtime exemptions under the Fair Labor Standards Act (FLSA). The rule will become effective on July 1, 2024. The rule will increase the standard salary level, increase […]

The U.S. Supreme Court has ruled that adverse employment actions need not be “significant” in order to constitute a violation of Title VII’s prohibition against discrimination. This ruling undercuts decades of court decisions that applied a heightened standard of harm, although recent federal appellate court rulings already showed a trend […]

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a Final Rule and Interpretive Guidance to implement the relatively new Pregnant Workers Fairness Act (PWFA), which was enacted by Congress in December of 2022 and which already took effect on June 27, 2023. The Final Rule and Interpretive […]

The Maryland General Assembly’s 2024 session ended at midnight on Monday, April 8. A number of employment bills that were passed will have a significant impact on employers, including another delay to the new paid family and medical leave insurance (FAMLI) program, a new salary posting requirement, and new discrimination […]

The Maryland General Assembly is considering a bill to ban noncompete agreements for licensed healthcare professionals. House Bill 1388 and Senate Bill 1182 provide as follows: A noncompete or conflict of interest provision in an employment contract or a similar document or agreement that restricts the ability of an employee […]

In a victory for employers, a federal district court judge in Texas vacated (or blocked) the National Labor Relations Board’s 2023 Final Rule that sought to rescind and replace the Trump Administration’s 2020 Rule establishing the current test for determining whether two entities (for example, a staffing agency and its […]

On January 29, 2024, the Maryland Department of Labor’s (MDOL) issued “draft” regulations to implement Maryland’s paid family and medical leave insurance (FAMLI) law, and it invited public comment. Starting January 1, 2026 (caveat below), this law will provide most Maryland employees with 12 weeks of paid family and medical […]

On January 9, 2024, the U.S. Department of Labor issued its final rule governing the standard for determining independent contractor status. The rule will be published in the Federal Register on January 10, and take effect 90 days later, on March 11, 2024. The final rule issued by the DOL […]

On December 15, 2023, the Maryland Department of Labor (“MDOL”) issued proposed regulations to implement the Maryland Economic Stabilization Act (“the Act”), which requires employers to provide notice of a mass layoff or a reduction in force in certain circumstances.  The proposed regulations are intended to provide guidance on how […]