employment law

Federal Pregnant Workers Fairness Act (PWFA) Final Rules Goes into Effect June 18, 2024

Employer Alert: Federal Pregnant Workers Fairness Act (PWFA) Final Rules Goes into Effect June 18, 2024

By Liz Hartsel Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule implementing the  Pregnant Workers Fairness Act (PWFA), which requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” unless the accommodation will cause the employer an undue hardship.

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New Salary Requirements for Exempt Employees Begin in July

Employer Alert: New Salary Requirements for Exempt Employees Begin in July

By Leni Plimpton In a long-awaited announcement, the United States Department of Labor (“DOL”) issued a final rule raising the minimum salary requirements under the Fair Labor Standards Act (“FLSA”). While salaried employees already easily meet the minimum in some labor markets, the announcement is still important news that will affect many employers. The new rule increases the salary threshold for executive, administrative, and professional employees to $44,888 on July

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FTC Enacts Ban on Non-Compete Agreements

UPDATE: FTC Enacts Ban on Non-Compete Agreements: What Employers Need to Know

By Liz Hartsel and Leni Plimpton On Tuesday the Federal Trade Commission voted 3-2, to implement a comprehensive ban on non-compete agreements nationwide, calling them an “unfair method of competition.” The rule, once effective, will prevent companies from enforcing existing (i.e. pre-effective date) non-competes on any workers other than senior executives (i.e. workers earning more than $151,164 annually who are in a “policy-making position.”). The final rule bans all new

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Employer Alert: Dept. of Labor Expected to Publish Update to Overtime Exemption Thresholds

Employer Alert: Dept. of Labor Expected to Publish Update to Overtime Exemption Thresholds

By Liz Hartsel Last August, the Wage and Hour Division proposed an update to overtime eligibility thresholds, which would increase the salary threshold for employees automatically owed overtime pay from $35,568 to approximately $55,000, meaning millions more workers would qualify for overtime protections. In mid-April, the Office of Management and Budget completed its review of the much-watched and highly anticipated rule and the Department of Labor is expected to officially

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Employer Alert: New U.S. Supreme Court Decision Loosens Criteria for Employee Discrimination Lawsuits

By Leni Plimpton On Wednesday, April 17, 2024, the United States Supreme Court unanimously held that an employee alleging discrimination must only show that the alleged discriminatory act caused “some harm” but does not need to prove that the harm was significant. In Muldrow v. St. Louis, a police officer alleged that she suffered discrimination on the basis of her sex when she was transferred to a position that had

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Important Employment Law Changes Every Employer Should Address in 2024

By Liz Hartsel, Fortis Law Partners As an employment attorney, I regularly tackle an annual review of my clients’ contracts, employment policies, and employee handbooks. Why does this matter? Well, employment laws and business norms are constantly evolving. Ensuring that your company is in full compliance with state and federal employment laws and regulations helps businesses avoid fines, lawsuits, employee confusion, and conduct issues.   Here are the eight newest key

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Employer Awareness Alert: A Labor Claim Could Happen to You

By Leni Plimpton Small businesses: Depending on the type of business and your gross annual business volume, the National Labor Relations Act (“NLRA”) probably applies to you! (As a rule of thumb, overall, most non-government employers with a workplace in the United States are covered.) It is important to be aware of the implications of the law and ensure that your business is in compliance. Mistakes can be costly for

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New Independent Contractor Regulations Issued by U.S. Dept. of Labor

By Chris Lamb On January 10, 2024, the U.S. Department of Labor published a final rule, effective March 11, 2024, revising the Department’s previous guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). It rescinds the 2021 Trump-era Independent Contractor Rule (2021 IC Rule), replacing it with a different analysis for determining employee or independent contractor status more consistent with

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Client Alert for Colorado Employers: Non-Compete Salary Thresholds Increase Jan. 1, 2024 

By Liz Hartsel The salary threshold of a highly compensated worker is increasing in January, which directly impacts whether non-competes are enforceable. In our previous blog post regarding changes to the enforceability of non-compete agreements, we explained that an employer’s ability to use or enforce non-compete agreements (including the non-solicitation of customers) is directly tied to certain salary thresholds for employees. Those thresholds are increasing in 2024 and will continue

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The Supreme Court Clarifies the Appropriate Standard for Undue Hardship in Title VII Religious Accommodation Cases

By Leni Plimpton Most employers know that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of religion in hiring and in the workplace. Under the law, an employer must reasonably accommodate “all aspects of religious observance and practice, as well as belief,” unless the employer can demonstrate that an accommodation would cause undue hardship to the business. Until now, the governing standard for an

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