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On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic departure from the current regulatory landscape, which is primarily dictated by state law. A non-compete clause is a contractual …
Continue reading “Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses”
In a world with an increasingly mobile and remote workforce, onboarding and off-boarding employees are more complicated than ever. Many companies now have single “outpost” employees in various states across the country. Similarly, many companies are encountering key employees asking to move (or moving without asking) to a state where the company previously had no …
The Federal Government has updated some of its standard forms employers are probably used to seeing. Last week, we discussed the EEOC’s addition of a gender marker option to its voluntary self-identification process and passport applications. This week, we will discuss the changes to Form I-9. Federal law requires that every employer who recruits, refers …
Continue reading “UPDATED FEDERAL FORMS PART 2: I-9 Identification Documents Must Be Unexpired”
The Federal Government has updated some standard forms employers are probably used to seeing. In this two-part blog series, we will identify the changes in these new forms, starting first with the EEOC’s addition of a gender marker option to its voluntary self-identification process and passport applications. Next week, we will discuss the changes to …
Continue reading “UPDATED FEDERAL FORMS PART 1: EEOC Additional Gender Marker Option”
On March 10, 2022, the U.S. Department of Labor (DOL) and its Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2022-02 (FAB). FAB focused on retaliation against employees who assert rights under a broad array of federal laws, including the FLSA, FMLA, the Migrant and Seasonal Workers, various work Visa programs (such as …
With Season 4 of Yellowstone in the books, and having time to fully process the impact of the U.S. Supreme Court’s OSHA vaccine mandate decisions, we thought we would kick off the 2022 All Things HR Blog by taking a deeper dive into some of the eye-raising employment practices at the Yellowstone – Dutton Ranch. …
New for 2022 Ontario employers should already have a written Workplace Vaccination Policy and those with more than 25 employees will have until June 2, 2022 to implement and provide employees with a copy of their written Disconnecting from Work Policy. Additionally, Ontario employers can no longer enter into non-competition agreements with non-C suite employees. …
This fall, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a San Antonio-based workplace experience and facility management company, alleging that the defendant company unlawfully denied its employee’s request to work from home to protect herself from COVID-19. This suit, which is the EEOC’s first of its kind, is a reminder to …
On Thursday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) and Centers for Medicare & Medicaid Services (“CMS”) rolled out temporary emergency standards (“ETS”) implementing COVID-19 vaccine mandates, which are expected to become effective November 5, 2021. These emergency rules are intended to address the “grave danger of COVID-19 in the workplace.” …
The entire country has been abuzz about President Biden’s Plan for “Vaccinating the Unvaccinated.” The Plan would require private employers with 100 or more employees (“Covered Employers”) to ensure their workers are vaccinated from COVID-19 or tested weekly and to provide paid time off for employees to get vaccinated.[1] To execute this Plan, the Department …