The Post-Chevron World: 2024 Overtime EAP Exemption Rule Vacated

The Eastern District of Texas recently vacated the 2024 EAP Exemption to the Overtime Rule. That means that the 2019 salary threshold of $684/week for EAP employees and annual salary threshold of $107,432 for highly compensated employees are now in effect again. Employers no longer need to plan for the additional automatic salary threshold increase that was scheduled to be effective on January 1, 2025, and are no longer required to adhere to the previous increase that went into effect on July 1, 2024.

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Responding to the Vacated FLSA Salary Threshold Rule

Employers should consider the employee relations impact of making any changes, even if permissible, to previously implemented or announced salary increases to maintain the exemption from federal overtime and minimum wage law. Employers may also be required to provide advance notice of any wage change under applicable state law. In this second alert, we answer some FAQs.

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Texas Court Sets Aside FTC Noncompete Rule, With Nationwide Effect

On August 20, 2024, the U.S. District Court for the Northern District of Texas issued a memorandum opinion and order holding that the Federal Trade Commission rule banning post-employment noncompetes is “unlawful” and therefore must be “set aside.” This alert covers what employers need to know.

For the full alert, visit the Faegre Drinker website.

Another Federal Court Finds FTC Noncompete Rule Unenforceable

On August 15, another federal court weighed in on the question of whether the FTC exceeded its authority in issuing its rule banning post-employment noncompetes, scheduled to go into effect on September 4, 2024. In Properties of the Villages, Inc. v. Federal Trade Commission, Judge Timothy Corrigan (appointed by Pres. George W. Bush) of the Middle District of Florida enjoined the FTC from implementing or enforcing its noncompete ban against the plaintiff. Judge Corrigan declined to issue a more general, nationwide injunction.

For the full alert, visit the Faegre Drinker website.

2024 Labor & Employment Updates for Insurers

We provide insurers five key takeaways from recent employment caselaw and regulation, on topics including the possible banning of noncompete agreements, federal and state minimum salary increases for exempt employees, upcoming audits of federal contractors, the NLRB’s questioned ability to obtain injunctions from federal district courts, and a list of the most significant state legislative and regulatory developments in the first half of 2024.

To view the full alert, visit the Faegre Drinker website.

Minnesota’s 2024 Legislation Updates: Employment Law

Last year, the Minnesota Legislature enacted sweeping changes to the employment law landscape through the Jobs and Economic Development and Labor Omnibus Budget Bill. Now, Governor Tim Walz has signed the 2024 Omnibus Labor and Industry Policy Bill and the 2024 Transportation, Housing, and Labor Omnibus Budget Bill, which bring about several notable changes to Minnesota law covering pregnancy accommodations, restrictive covenants in service contracts, minimum wage, information required in job postings, and oral fluid drug, cannabis, and alcohol testing. The bills also contain provisions enacting changes to Minnesota’s earned sick and safe time law, paid family and medical leave, and worker misclassification, and changes to the Minnesota Human Rights Act have also been enacted.

To view the full alert, visit the Faegre Drinker website.

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