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Cynthia L. Effinger
Showing 65 posts by Cynthia L. Effinger.
FTC Ban on Noncompetes Struck Down
A Texas Court struck down the FTC's Rule banning noncompete agreements set to take effect on September 4th, 2024. The Court ruled that the FTC had overstepped its authority in implementing the Rule and further held that the Rule was overly broad because it provided no reasonable explanation for banning virtually all noncompete agreements. More >
TWO Threshold Hikes for the Price of One: DOL Issues Final Overtime Salary Threshold Rule
As tipped in September of 2023, the Wage and Hour Division of the Department of Labor (“DOL”) has finally released the Final Rule for raising the minimum salary threshold for employers eligible for exemption from overtime pay. While the new rule isn’t vastly different from the proposed rule, there are still enough substantive changes for employers to pay close attention. More >
It's Official: FTC Issues Final Rule Banning Non-Competes
In a stunning move the same day the Department of Labor issued a rule raising the overtime salary threshold, the Federal Trade Commission issued its own long-gestating rule banning noncompete clauses nationwide. Employers should begin reviewing their contracts immediately to understand how this sweeping change will affect their workforce. More >
DOL Moves to Raise Salary Floor in Proposed Overtime Rule
The U.S. Department of Labor has proposed to raise the salary threshold—a long-anticipated yet dreaded move that will affect how many employers pay their workers. More >
NLRB Gets Back in the Time Machine, Reverts to Previous Independent Contractor Test
It’s 2023: do you know who your employees are? If you think you do, think again: the National Labor Relations Board announced in a June 13th decision on the case The Atlanta Opera, Inc., that it is changing its test for determining which workers are independent contractors and which are covered employees, reverting once again to an Obama-era standard. For employers, this means that the potential for running into issues with misclassification and unionization has increased significantly. More >
School's Out, Work's In--Considerations for Seasonal Employment
As summer approaches, many businesses will be thinking about hiring seasonal employees. Whether those are high schoolers looking for pocket change, college students in need of internship credits, or just more sets of hands to assist with the busy months, specific considerations need to be made for your seasonal workers to assure legal compliance. More >
Working from Home is Here to Stay—Here’s How Employers Should Adapt
Over the past two years, the letters “WFH” have become a familiar shorthand as more people than ever worked from home due to the COVID-19 pandemic. Now, though many employees are returning to their workplaces, many are choosing—or requesting—to continue their remote work configuration. One thing is clear—though working from home may have seemed like a temporary fix at the outset, it’s here to stay. Employers should consider reviewing and updating their policies to be better equipped for the continued presence of remote work and ensure continued success and safety. More >
Employer Update: What You Need to Know about OSHA ETS Compliance and Vaccine Mandates
Since President Biden’s vaccine plan was first announced in September, employers have had lots of questions, and very few answers, about the Emergency Temporary Standard (ETS) that would require employers with 100 or more employees to implement “vaccine or test” policies aimed at controlling the spread of COVID-19. Since its official release, the ETS, issued by the Occupational Safety and Health Administration (OSHA), has been paused and un-paused and been kicked from one court to the next, finally landing in the United States Supreme Court. As employers wait for the Supreme Court to rule, the January 10 deadline for ETS enforcement has passed. What does all this mean for Kentucky employers—and what action should they be taking? More >
