On April 23, 2024, the Federal Trade Commission (FTC), by a vote of 3-2, approved and issued its much-anticipated final rule (the Final Rule) virtually banning employers’ use of all non-compete clauses. The Final Rule is effective 120 days after the date of publication in the Federal Register. The following advisory summarizes essential components of […]
The U.S. Department of Labor released its final rule, requiring minimum wage and overtime for some employees who are currently “exempt” from these requirements. Employers need to plan ahead for implementation, as the rule change could lead to seismic shifts in some payrolls. The federal Fair Labor Standards Act (“FLSA”) requires that employees receive minimum […]
All public and private elementary and secondary schools, school districts, colleges, and universities receiving federal funds must take note of major changes to Title IX regulations. The U.S. Department of Education recently updated these regulations, which address how educational institutions handle complaints of sex discrimination and sexual harassment. The new regulations go into effect August […]
On April 17, 2024, the U.S. Supreme Court made it easier for employees to sue for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964. The result of this decision could lead to an increase in workplace discrimination suits. In Muldrow v. City of St. Louis, Missouri, et al., the […]
Business owners and Human Resources professionals frequently encounter questions about disability rights in the workplace. This article busts some common myths about disability rights to help you keep your workplace accessible and legally compliant. Myth #1: The Americans with Disabilities Act is the only law protecting employees with medical issues. The legal landscape regarding employees […]
Are your non-union employees entitled to representation during meetings which may lead to discipline? Not yet, but the National Labor Relations Board (NLRB) is looking to change that dynamic. For the union-free among us, unionized employees are entitled to, upon request, union representation in any investigatory interview that could reasonably lead to discipline of that […]
Berchem Moses PC won an important victory at the Connecticut Supreme Court for the Town of Madison in a decision that will impact municipal police departments throughout the state. Floyd Dugas argued the case on behalf of the Town from the Freedom of Information Commission (“FOIC”) through an appeal to the Connecticut Superior Court, and […]
A recently published study by a law professor and a political science professor revealed that plaintiffs in sexual harassment lawsuits brought in Federal District Court between 2016 and 2020 were seven times more likely to prevail than pre-#metoo claims. Exactly why is not clear. Some legal commentators suspect judges have been swayed by the social […]
If you have decided 2024 is going to be a better year, you may have made some personal New Year’s resolutions. You can bring these goals into the workplace as well to help your organization run better than ever. Resolution #1: Get a checkup. Schedule a checkup – with your employment lawyer. You’re busy with […]
Supervising employees is not easy. Providing constructive feedback can be one of the most challenging aspects of management, but it is crucial to creating and maintaining strong staff performance, so supervisors need to approach performance evaluations and staff feedback skillfully. The annual review should not be the first time an employee receives feedback. Successful management […]
