Labor & Employment Workforce Watch

June 2024

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

In This Issue:

FTC’s Final Rule Banning Non-Competes: What Is It and How “Final” Is It?
On April 23, 2024, the Federal Trade Commission issued its long-awaited Final Non-Compete Clause Rule, which operates to ban most post-employment non-compete agreements between employers and their workers. However, the Final Rule does not take effect until September 4, 2024, which provides an opportunity for employers to challenge the Final Rule in court. read more

Pay Bump: The Department of Labor Releases Final Rule Increasing Minimum Salary ‎Threshold for White Collar Exemptions
In a development somewhat overshadowed by the release of the more-publicized Federal Trade Commission’s recent non-compete-ban, the DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, has now been finalized and released as of April 23, 2024. read more

High Court Update: Recent US Supreme Court Rulings Employers Should Know About
Thus far, 2024 has been a whirlwind of new employment rules, statutes, guidance, and decisions for employers to grapple with and account for in their businesses. Among these decisions are a handful of rulings from the Supreme Court of the United States that will have important impacts on the workplace. read more

OSHA’s Final Walkaround Rule: Welcome, Workplace Visitors!‎
On April 1, 2024, the federal Occupational Safety and Health Administration (“OSHA”) published its long-awaited Final Rule (the “Final Walkaround Rule”), which amends 29 C.F.R. 1903.8(c) – the agency’s regulation that protects the rights of employees to authorize a representative to accompany an OSHA Compliance Officer (“CSHO”) during an inspection of the employees’ workplace. read more

Stay or Dismiss: The Supreme Court Weighs How to Address Cases Subject to Mandatory ‎Arbitration That Are Filed in District Court
What happens when a party required by contract to arbitrate a claim tries pursuing it in court, nonetheless? Should the case be dismissed? Or must the court hold the case on its docket while the parties seek resolution through arbitration? read more

But-For, or Not But-For: That Is the Question for FMLA Retaliation Claims
For a retaliation claim under the Family and Medical Leave Act (“FMLA”), must an employee show that an adverse employment action would not have happened but-for (i.e., it happened only because of) the employee’s request for FMLA leave or other protected activity? Or, does an employee have to show only that his or her request for FMLA leave or other protected activity was a motivating factor for the adverse employment action? read more

California Supreme Court Ruling Gives Guidance on Compensable Time Under California ‎Law
On March 25, 2024, the California Supreme Court issued its decision in Huerta v. CSI Electrical Contractors. This ruling provides important guidance as to what does and does not constitute sufficient employer control to make certain time at the job site compensable under California’s Wage Order No. 16read more