Labor & Employment News AlertHoly moly! Employees who are paid $200,000 can get overtime!February 22, 2023 Under the Fair Labor Standards Act (“FLSA”), the workforce is divided into two groups: (1) hourly, non-exempt employees, who are entitled to overtime compensation for any time worked in excess of forty hours per week; and (2) salaried, exempt employees who are not entitled to overtime compensation. In order to classify someone as a salaried exempt employee, that person must be paid on a “salary… New Protections for Pregnant and Nursing Mothers: What Employers Should Know About the PUMP Act and PWFAFebruary 22, 2023 As part of the omnibus spending bill for FY 2023, Congress passed new protections for pregnant employees and nursing mothers in the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). On December 29, 2022, President Biden signed the bills into law. Pregnant Workers Fairness Act The PWFA was enacted to address the gap between the… Preparing Group Health Plans for the End of COVID-19 Emergency PeriodsFebruary 2, 2023 In response to the COVID-19 pandemic, several temporary rules were enacted that govern employer-sponsored health plans. Some mandates, such as the requirement that health plans cover without cost-sharing COVID-19 diagnostic tests, apply for the duration of a designated “Public Health Emergency.” Others require group health plans to disregard, or toll, what is known as the “Outbreak Period” when… Glacier Northwest: Does the NLRA Preempt State Tort Actions Against Unions?January 25, 2023 Earlier this month, the Supreme Court received oral argument addressing the question of whether the National Labor Relations Act (“NLRA”) preempts a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute. In one of the most highly-anticipated labor cases before the Court in decades, the justices will decide Glacier Northwest, Inc. v.… Update on the Federal Trade Commission and Non-CompetesJanuary 19, 2023 The Federal Trade Commission (the “FTC”) has been in the news lately regarding its proposed rule which would ban non-competes in a broad array of situations. In addition to its proposed rule, the FTC has recently issued a statement that it intends to vigorously enforce the Section 5's prohibition on unfair methods of competition. The FTC has recently taken legal action against three companies… The Federal Trade Commission Moves on Non-CompetesJanuary 6, 2023 The Federal Trade Commission Moves on Non-Competes On January 5, 2023, the Federal Trade Commission (“FTC”) issued its proposed rulemaking on unfair methods of competition aimed at limiting the use of non-compete clauses between employers and employees. The FTC’s action follows President Biden’s July 9, 2021 Executive Order on “Promoting Competition in the American Economy,” directing the FTC use… An Indiana District Court Addresses the Interplay between CBD Usage, Drug Testing, and the ADAApril 8, 2022 In 2018, Indiana legalized the sale and use of cannabis-derived CBD oil. Marijuana use, however, both recreational and medicinal, is still illegal in Indiana. While many of Indiana’s neighboring states are legalizing (1) marijuana for recreational and/or medicinal use; and/or (2) the sale and use of CBD oil, Indiana employers are faced with the following dilemma:
Potential Showdown Between State Exemptions to COVID-19 Vaccination and Federal Vaccine Mandates in West Virginia.February 18, 2022 Last month, the Supreme Court lifted the stay regarding the Centers for Medicare & Medicaid Services (“CMS”) vaccine mandate for providers participating in the Medicare and Medicaid programs to require their employees to be vaccinated against Covid-19.[1] However, several states, including West Virginia, have recently adopted statutes that interfere with employers’ ability to implement mandatory… A Closer Look at the Federal Legislation Precluding Arbitration of Sexual Harassment ClaimsFebruary 15, 2022 On February 10, 2022, Congress completed action on a significant, bipartisan reform of the Federal Arbitration Act. President Biden has already indicated his support for the bill, referred to as the “'Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” and is expected to sign it into law. The bill will invalidate agreements to arbitrate sexual assault or sexual… Supreme Court Issues Ruling on OSHA and CMS Vaccine MandatesJanuary 14, 2022 On January 13th, the Supreme Court issued opinions in the companion cases concerning governmental vaccine mandates. Regarding the OSHA vaccine/testing mandates for private employers with 100 employees or more, the Supreme Court, by a 6 to 3 decision, stayed the OSHA vaccine mandate. The Supreme Court held that the parties opposing the mandate were “likely to succeed on the merits of their claim… Supreme Court Hears Oral Arguments Regarding OSHA's Vaccine Mandate. What Does That Mean?January 7, 2022 On Friday, January 7th, 2022, the Supreme Court heard oral arguments regarding the constitutionality of OSHA’s ETS Covid Regulations for Private Businesses, as well as CMS’s Covid Vaccine Mandate. In summary:
CMS Issues Draft Interim Final Rule Regarding Mandatory COVID VaccinesNovember 4, 2021 On November 4, 2021, the Centers for Medicare and Medicaid Services (“CMS”) issued a draft of its long-awaited interim final rule (“IFR”) regarding mandatory Covid-19 vaccinations, which is expected to be formally published in the Federal Register on November 5, 2021. CMS establishes rules for participating in Medicare and Medicaid programs. The IFR applies to certain healthcare employers that… |
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