On November 15, 2024, a federal court judge in the Eastern District of Texas vacated and set aside the Department of Labor’s (“DOL”) 2024 rule that raised the salary minimums for overtime-exempt employees under the Fair Labor Standards Act (“FLSA”) (the “2024 Overtime Rule”), effectively halting the salary threshold increase scheduled to take effect on ...
Employers concerned about the enforceability of restrictive covenants can breathe a little easier for now. A Texas federal court has blocked the Federal Trade Commission’s (“FTC’s”) final rule banning non-compete agreements (the “Non-Compete Ban” or “Ban”), which was set to take effect on September 4, 2024. As a result, the Ban will not be implemented ...
On May 25, 2023, Gov. Tim Walz signed new legislation establishing Minnesota’s state-run family and medical leave program (the “Paid Leave Program”), and guaranteeing almost all Minnesota employees the right to paid family and medical leave when they are unable to work due to serious health or caregiving needs (the “Paid Leave Law”). The Paid ...
As discussed in our prior alert concerning the FTC final rule banning non-competes, litigation has threatened the final rule’s enforcement and implementation. Ryan, LLC, the United States Chamber of Commerce, and other related trade organizations (referred to herein as “Plaintiff” and “Plaintiff-Intervenors”) sought an injunction in federal court in the Northern District of Texas, to ...
Effective July 1, 2024, the U.S. Department of Labor’s (“DOL’s”) final rule on salary minimums for exempt employees (the “Overtime Rule”) under the Fair Labor Standards Act (“FLSA”) has come into effect. This rule applies to executive, administrative, professional, outside sales, and certain computer employees, common known as the “EAP” or “white collar” exemptions. It ...
Several new and revised statutes passed by the Minnesota Legislature significantly impact the rights and responsibilities of employers. Understanding these changes is important in helping employers minimize the risk of litigation and better handle any employment litigation that does occur. These statutory changes affect the following areas: (1) pre-employment drug testing; (2) salary postings; (3) ...
Over a year after it proposed a rule banning virtually all non-compete agreements, the Federal Trade Commission (“FTC”) voted to issue its long-awaited final rule. The final rule is substantially the same as the proposed rule, with a new exception for “senior executive” agreements that were in place before the final rule’s effective date. The ...
Laura Pfeiffer and Rachel Brygger will be co-presenting on “Paid Sick and Family Leave Laws,” at The Law Firm Alliance Associate Forum webinar on April 10, 2024. The list of states and even cities that have enacted new paid leave laws continues to grow. Chicago’s new leave law permits employees to use accrued paid leave ...
April 10, 2024
On January 10, 2024, the U.S. Department of Labor (DOL) published its final rule changing its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA). The new rule largely rescinds the more employer-friendly five-factor test issued under the Trump Administration, reverting back to ...
The 2023 legislative session saw a substantial number of changes to employment laws in Minnesota. As you and your business enter 2024, the team at Winthrop & Weinstine has prepared a summary of the changes that may impact your business, as well as helpful checklists to guide you as you comply with those changes. Sick ...
Beginning January 1, 2024, employers will be required to provide to Minnesota employees “earned sick and safe time”, or paid leave that can be used for certain reasons, including when an employee is sick, to care for a sick family member or to seek assistance if an employee or their family member has experienced domestic ...
October 24, 2023
Over the summer, the Minnesota State Legislature passed a new earned sick and safe time (ESST) law that goes into effect starting January 1, 2024. Governor Tim Walz signed the new amendments into the current sick and safe time law, as part of an omnibus jobs and economic development bill. The law requires employers to ...