RECEIVE ATTORNEY FEE REIMBURSEMENT UP TO $2,000 FROM THE BUREAU OF WORKERS’ COMPENSATION When was the last time you updated your employee handbook and personnel policies? If the answer is you can’t remember or if you know it has been at least a year ago, now may be a good time for a handbook review to make sure your business is compliant with the latest changes in state and federal laws and to minimize your litigation risks. A good handbook review should also be customized to ensure not only that your business has all necessary policies but also that these …
Court Rules Federal Trade Commission (FTC) Cannot Enforce Ban on Non-Compete Agreements
On August 20, 2024, a federal district court in Texas struck down the Federal Trade Commission’s sweeping ban on non-compete agreements. This nationwide injunction is a comfort to many employers just weeks before the FTC’s final rule was to go into effect on September 4th, 2024. If left alone, the FTC final rule would have invalidated millions of employment contracts. Although the FTC’s final rule carved out narrow exceptions, such as for pre-existing non-compete agreements for highly compensated senior executives, it would have invalidated the vast majority of pre-existing non-compete agreements and prevented employers from entering into new non-compete agreements. …
U.S. Dept of Labor Issues Final Rule to Raise Minimum Salary Amount Employers Must Pay to Avoid Paying Overtime Under the Fair Labor Standards Act
On April 23, 2024, the U.S. Department of Labor (DOL) issued its final rule to raise the minimum salary amount employers must pay to exempt employees to avoid paying overtime under the Fair Labor Standards Act (FLSA). Effective July 1, 2024, employers must pay certain salaried employees in the United States, who are classified as exempt, including those who take advantage of the common executive, administrative, and professional (EAP) exemptions, the equivalent of $844/week or $43,888/year to avoid overtime requirements. The previous threshold amount was $35,568/year. According to the DOL, the new salary level is being set at the 35th …
Federal Trade Commission (FTC) Proposes Rule to Ban Noncompete Clauses
On January 5, 2023, the FTC released a Notice of Proposed Rulemaking that would prohibit employers from executing noncompete agreements with paid or unpaid employees, independent contractors, interns, volunteers, and apprentices. In addition to prohibiting employers from enforcing new noncompete agreements, the proposed rule would also operate retroactively to render existing noncompete clauses unenforceable and require employers to inform employees subject to a noncompete that the noncompete is void within 45 days of the rule’s implementation. The FTC proposed rule defines noncompete clauses to mean “a contractual term between an employer and a worker that prevents the worker from seeking …
New COVID-19 Vaccine Mandate and Regulations Affecting Large Employers and Federal Contractors
President Joe Biden announced on September 9 that the federal government will require companies with 100 or more employees to ensure their employees are vaccinated against COVID-19 or test negative for COVID-19 at least once a week. The new requirements will be issued by the Occupational Safety and Health Administration (OSHA) in an Emergency Temporary Standard (ETS) in the coming weeks. It is expected that OSHA will give employers a limited time to get their employees vaccinated after the standard becomes effective or be subject to fines of up to $14,000 per violation. Employers will also be required to provide …
Ohio Passes Employment Law Uniformity Act Shortening Statutes of Limitation
On January 12, 2021, Governor DeWine signed HB 352 into law, which brings Ohio’s anti-discrimination statute in line with existing federal law. Among other things, the law does the following key things which benefit employers: Reduces the statute of limitations for most discrimination claims to two years instead of six; Requires claimants to exhaust their administrative remedies and undergo scrutiny in most cases from the Ohio Civil Rights Commission instead of simply proceeding with a lawsuit; Protects managers and supervisors from suit unless they retaliate for opposing a discriminatory practice, aid a discriminatory practice, or obstruct a person from complying …
New Ohio COVID-19 Law Provides Businesses with Broad Immunity
On September 14, 2020 Governor DeWine signed House Bill 606 (the “Legislation”) into law giving many businesses protection from lawsuits due to COVID-19 and other infections. Specifically, the Legislation provides that no person is liable for a civil action for damages, injury, or death due to COVID-19 or similar illnesses unless the person engages in reckless conduct, intentional misconduct, or willful or wanton misconduct. These immunity provisions will become retroactive to March 9, 2020 and remain in effect until September 30, 2021. The definitions in the Legislation make it clear that the term “person” protects not only individuals but also …