While the FTC’s noncompete ban is still scheduled to go into effect on September 4, 2024, there are three ongoing legal challenges to it; and there are pending motions in all three cases that could enjoin it either nationwide or on some limited basis before then. In the meantime, employers may wonder what to do. We outline several options.
To view the full alert, visit the Faegre Drinker website.
Under amendments to the Fair Work Act 2009, employees in Australia are being given a new “right to disconnect” from the workplace outside of normal working hours. Under the new law, employees may refuse contact, including refusing to monitor, read or respond to contact from the employer or a third party outside of working hours unless the refusal would be “unreasonable.”
While “contact” is not defined in the legislation, it is likely to include any form of contact including email, text or social media messages (e.g., WhatsApp) and phone calls.
The law contains a nonexhaustive list of factors that should be considered when determining whether an employee’s refusal is “unreasonable,” including:
The Michigan Supreme Court’s re-institution of the Earned Sick Time Act (ESTA) significantly expands Michigan’s sick leave requirements. Effective February 21, 2025, Michigan employers not previously covered by the Paid Medical Leave Act (PMLA) should implement a sick leave policy in accordance with the ESTA, and employers who currently follow the PMLA should review their policies and revise them to comply with the ESTA. The supreme court also reinstated the accelerated adoption of a $12 minimum wage in Michigan initiated by voters through the Improved Workforce Opportunity Wage Act.
To view the full alert, visit the Faegre Drinker website.
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.
On July 17, 2024, Gov. Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act into Pennsylvania law. The Act prohibits the enforcement of certain noncompete covenants entered into after January 1, 2025, by health care practitioners and their employers, subject to limited, but important, exceptions. Therefore, Pennsylvania health care employers should review their employment agreements and revise them to ensure compliance.
To view the full alert, visit the Faegre Drinker website.
Now that the NLRB has withdrawn its bid to keep the 2023 rule alive, what does this mean for employers? Likely, the NLRB is already looking at alternative methods to implement a similar standard either through new rule making or adjudications. In the interim, the standard now reverts to the 2020 rule, which requires an entity to actually exercise direct and immediate control over the terms and conditions of employment for a group of employees in order to be considered a joint employer.
To view the full alert, visit the Faegre Drinker website.