Labor & Employment Workforce Watch

October 2022

A guide to the employment law developments most likely to impact your business.

In This Issue:

Wage Theft Update: Increased Efforts to Recover Lost Wages
Most employers are familiar with the basic tenets of the Fair Labor Standards Act (“FLSA”): generally an employer must pay covered employees a minimum wage and pay non-exempt employees overtime for hours worked over 40 in a workweek. read more 

The Federal Trade Commission Targets M&A Non-Competes
As we discussed last year, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” in which he encouraged the Federal Trade Commission (“FTC”) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” read more

Whistleblower Retaliation Claims for Alleged PPP Loan Fraud
After numerous headlines, press releases, and law enforcement efforts, including the Department of Justice’s new COVID-19 Fraud Strike Force teams, there may be increased traffic at the intersection between allegations of PPP loan fraud and whistleblower activity. read more

Legal Considerations for Using Artificial Intelligence in Hiring
Over the past decade, employers and employee recruiting platforms have increasingly relied on advanced technology, such as artificial intelligence (AI) and algorithms, to assist with screening, interviewing, and selecting candidates. read more

UK Independent Contractor Misclassification Issues
While misclassification is a well-known employer liability issue in the US in the context of wage and hour claims, the complexity of the UK legal framework concerning employment status is also worth exploring to understand the risks and potential pitfalls. read more