In a 4-3 decision, the Connecticut Supreme Court adopted the federal Title VII standard for determining who is a “supervisor” under the Connecticut Fair Employment Practice Act (CFEPA). The determination of “supervisor” status is critical under Title VII and the Connecticut Fair Employment Practices Act because an employer is presumptively automatically liable for a hostile
Employment Law
Pennsylvania Federal Court Refuses to Prevent FTC Non-Compete Ban from Taking Effect
Earlier this month, we wrote about a Texas federal court’s issuance of a limited preliminary injunction staying the Federal Trade Commission’s (FTC) rule banning non-compete clauses for the plaintiffs in that case. Despite not issuing a preliminary nationwide ban, the Texas federal court stated it would render a final decision on August 30, 2024, before…
Texas Federal Court Issues Preliminary Injunction against FTC Non-Compete Ban Rule
We previously wrote about the Federal Trade Commission’s (FTC) issuance of a rule banning non-compete clauses in employment. The FTC’s issuance of its final rule banning non-compete clauses constituted an unprecedented intrusion into matters of state law, which governed non-compete clauses. Nevertheless, it appears now that the FTC’s non-compete ban is beginning to unravel.
Last…
U.S. Department of Labor Releases Final Rule Significantly Increasing Salary Thresholds for Overtime Eligibility
On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule substantially raising the salary thresholds for certain employees to qualify for overtime exemptions under the federal Fair Labor Standards Act (FLSA).
The FLSA generally requires covered employers to pay employees a minimum wage and, for employees who work more than 40…
U.S. Supreme Court Adopts New Standard for Discriminatory Job Transfer Claims Under Title VII
On April 17, 2024, the U.S. Supreme Court resolved a circuit split by holding that while an employee challenging an allegedly discriminatory job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer caused some identifiable disadvantage, the disadvantage need not be significant.
The allegations underlying the Muldrow v.
Practical Impact of the U.S. Department of Labor’s Final Rule on Independent Contractor Classifications for Connecticut, New York and Massachusetts
The U.S. Department of Labor (DOL) has issued a Final Rule on the standards for determining independent contractor status for purposes of minimum wage and overtime pay issues under the Fair Labor Standards Act (FLSA). Although the Final Rule is considered “new,” it is based on the standard that was applied prior to the 2021…
Governor Hochul Vetoes NYS Non-Compete Bill
On December 22, 2023 Governor Kathy Hochul vetoed a bill that would have imposed a ban on non-compete clauses throughout the state of New York for all employees, regardless of earnings level. We wrote about the Senate and Assembly bills that were passed in June, here.
Continue Reading Governor Hochul Vetoes NYS Non-Compete Bill
Major Proposed Hike in Salary-Level Threshold Affecting Overtime Exemptions: What Employers Need to Know
Today, the U.S. Department of Labor announced a proposal to increase the Fair Labor Standards Act’s (FLSA) salary-level threshold from $35,568 to $55,068, which would result in many more employees being entitled to overtime pay for hours worked in excess of 40 in a workweek. …
Continue Reading Major Proposed Hike in Salary-Level Threshold Affecting Overtime Exemptions: What Employers Need to Know
New York Set to Ban Non-Compete Clauses in Employment
On June 20, the New York State Assembly passed Bill A1278B which, together with New York State Senate’s passage of identical legislation, Bill 3100A[2] earlier this month, would render all non-compete agreements signed or modified after the effective date unlawful. All that stands in the way of these bills becoming law is Governor Kathy Hochul’s signature.
Continue Reading New York Set to Ban Non-Compete Clauses in Employment
Connecticut Amends Physician Noncompete Law and Adds Coverage for Nurse Practitioners and Physician Assistants
Connecticut’s legislature has amended the state’s physician noncompete law to provide for additional restrictions on physician noncompete agreements. (Public Act No. 23-97). In addition, Connecticut has extended noncompete restrictions to advanced practice registered nurses (nurse practitioners) and physician assistants. Governor Lamont is expected to sign the amendment, but has not yet done so.…