As an employment lawyer, there are a number of questions I frequently hear from clients and colleagues. One of the most common ones is, “I thought noncompetes weren’t really enforceable. Is that true?” This question takes many forms. For example: Employer Client: “I don’t want to prevent someone from working, so I just have my …
The DOL to Bring Back the 80/20 Rule for Tipped Employees with an Additional 30-Minute Rule
In an effort to “undo” the Department of Labor’s (“DOL”) actions under the Trump administration, on June 23, 2021, the agency published a Notice of Proposed Rulemaking (“NPRM”), revising how it will regulate the minimum wage pay of tipped employees. Under the Fair Labor Standards Act (“FLSA”), employers must pay non-exempt hourly employees a minimum …
The Legal Issues Involved in Implementing a Metrics-Driven Diversity, Equity, and Inclusion Program
For many employers, diversity, equity, and inclusion (“DEI”) programs are no longer mere “add-ons” to existing human resources initiatives—they are essential to conducting business in the current climate. The events of summer 2020, including the incidents and protests involving George Floyd, Breonna Taylor, Ahmaud Arbery, Tony McDade, Elijah McClain, Jacob Blake, and others, have refocused …
What the American Rescue Plan Means for Employers
The American Rescue Plan (ARP) provides $1.9 trillion dollars in economic stimulus for individuals, certain companies, and municipalities. This blog focuses specifically on what the ARP means for employers. First Coronavirus Response Act (FFCRA) As of January 1, 2021, employers who were originally covered under the FFCRA (employers with fewer than 500 employees) were no …
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No Shoes, No Shirt, No Mask, No Service
On March 2, 2021, Texas Governor Greg Abbott issued Executive Order (GA-34), which went into effect on March 10, 2021, lifting the mask mandate in Texas and increasing capacity of all businesses and facilities to 100%. When Governor Abbott made this announcement, nearly 5.7 million COVID-19 vaccination shots had been administered throughout Texas. Despite Governor …
We’re Done Checking the Box and Now Want to Make Real Diversity Progress
After events in 2020 raised awareness of racial and social justice concerns, many organizations are seeking to move beyond obligatory MLK Day and Black History Month diversity promises to truly strengthen their Diversity, Equity and Inclusion (“DEI”) efforts, programs, and policies. For organizations ready to make real DEI progress but unsure where to start or …
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New OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace
In response to President Biden’s Executive Order requiring action to protect workers amid the COVID-19 pandemic, the Occupational Safety and Health Administration (“OSHA”) released a comprehensive new guidance document for employers, titled: Protecting Workers: Guidance on Mitigation and Preventing the Spread of COVID-19 in the Workplace. Although much of the guidance document focuses on safety …
Ohio’s Employment Law Just Got a Huge Employer-Friendly Facelift
Ohio Governor Mike DeWine has signed the employer-friendly Employment Law Uniformity Act (HB 352) (the Act) into law. The law, which will go into effect on April 12, 2021, will apply to all future discrimination claims filed on or after that date. It will align Ohio’s discrimination law with the federal standards and other state …
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The Department of Labor Cements Telehealth Visits for FMLA Purposes as the New Normal
Given the huge uptick in telemedicine as a result of the COVID-19 pandemic, the Department of Labor (DOL) issued guidance (Field Assistance Bulletin No. 2020-8) that makes it clear to employers that an employee’s telehealth visit to a provider can be used to support the employee’s need for FMLA leave. The guidance comes on six …
Minimum Wage Set to Rise in 25 States and D.C. in 2021
As the New Year approaches, employers throughout the United States must prepare for new legislation taking effect that may impact their operations. One critical change that commonly occurs around the New Year is an increase to the minimum wage in certain jurisdictions. On January 1, 2021 (or December 31, 2020), the minimum wage will rise …
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