ArticleMaking Payroll If Your Bank FailsAs we have probably all heard by now, Silicon Valley Bank ("SVB"), the premier bank for high-growth startups, collapsed last week.United StatesEmployment and HRShulman Rogers
ArticleDOL Reaches Final Rule Expanding Overtime ProtectionsOn April 23, 2024, the Department of Labor ("DOL") announced its final rule expanding the Fair Labor Standards Act's ("FLSA") overtime protections for workers by increasing the salary thresholds...United StatesEmployment and HRShulman Rogers
ArticleDOL Says Non-Exempt Remote Employees Must Be Paid For Short BreaksThe U.S. Department of Labor (DOL) has released a Field Assistance Bulletin (FAB) on the compensability of short breaks under the Fair Labor Standards Act (FLSA). United StatesEmployment and HRShulman Rogers
ArticleDOL Issues Final Rule Reinstating 80/20 Rule For Tipped EmployeesWhen we talk to our restaurant clients, one of their biggest concerns is the uncertainty regarding the tip credit rules. United StatesEmployment and HRShulman Rogers
ArticleI-9 Compliance – DHS Announces End To Remote Inspection FlexibilityOn May 4, 2023, the U.S. Department of Homeland Security (DHS) announced the discontinuation of the temporary flexibility policy that allowed remote inspection of Form I-9 documents, originally...United StatesCoronavirus (COVID-19)Shulman Rogers
ArticleAll Systems Go: The CTA Is Back On (Until Further Notice)On February 17, 2025, the U.S. District Court for the Eastern District of Texas issued an order lifting the nationwide preliminary injunction issued in Smith, et al. v. U.S. Department of the Treasury.United StatesCorporate/Commercial LawShulman Rogers
ArticleD.C.'s Revised Ban On Non-Compete Clauses Now Focuses On Income LevelGood news for D.C. employers who were worried about the (very) broad D.C. proposed ban on non-competes! On July 12, 2022, the District of Columbia Council passed the Non-Compete Clarification Amendment Act of 2022...United StatesEmployment and HRShulman Rogers
ArticleD.C. Expands Coverage Of Minimum Wage LawOn January 10, 2024, D.C. Mayor Muriel Bowser signed an amendment to D.C.'s minimum wage law that expands the coverage of the law to include individuals working 2 or more hours a week in D.C.United StatesEmployment and HRShulman Rogers
ArticleDepartment Of Labor Proposes A New Overtime Salary ThresholdOn August 30, 2023, the Department of Labor ("DOL") published a Notice of Proposed Rulemaking ("NPRM") which announced DOL's intent to revise the Fair Labor Standards Act ("FLSA") exemptions from...United StatesEmployment and HRShulman Rogers
ArticleEEOC Issues New Guidance On Requests For Religious Exemptions To Employer Vaccine MandatesOn October 25, 2021, the Equal Employment Opportunities Commission (EEOC) published additional guidance for employers implementing COVID-19 vaccine requirements with respect to...United StatesEmployment and HRShulman Rogers
ArticleEmployment Law Alert – Vaccine Mandate – Are You Getting Requests For Accommodation?We are already working with many of you as you roll out a vaccine mandate policy for your workforce. As soon as the policy goes out, you will likely receive questions about potential accommodations.United StatesEmployment and HRShulman Rogers
ArticleExpansion Of Protections For Pregnant And Nursing Employees In The WorkplaceOn December 29, 2022, President Biden signed into law the Pregnancy Workers Fairness Act (the PWFA), which will go into effect on June 29, 2023, and the Providing Urgent Maternal Protections (PUMP)...United StatesEmployment and HRShulman Rogers
ArticleFederal Contractor Vaccine Obligation Remains On Pause & DOL Pulls Guidance On Time Spent Testing/Getting VaccinatedAs we reported in our January 14, 2022 Alert, the U.S. Supreme Court blocked the enforcement of the OSHA ETS which required employees of companies with at least 100 employees to be vaccinated...United StatesEmployment and HRShulman Rogers
ArticleNew Virginia Laws Expand Restrictions On Nondisclosure And Non-Disparagement Agreements And Limits Use Of Social Security NumbersIn 2019, Virginia enacted Va. Code § 40.1-28.01, which prohibits employers from requiring an employee or prospective employee to agree to a confidentiality agreement...United StatesEmployment and HRShulman Rogers
ArticleThe DHS's New Remote I-9 Verification: Only For E-VerifyOn July 21, 2023, the U.S. Department of Homeland Security ("DHS") published a new, optional procedure allowing remote, rather than in-person, physical examination of documents for Form I-9...United StatesEmployment and HRShulman Rogers
ArticleThe Supreme Court Lowers The Bar For Challenging DiscriminationIn Muldrow v. City of St. Louis, Missouri, the U.S. Supreme Court held that an employee alleging a violation of Title VII need only show that alleged discriminatory...United StatesEmployment and HRShulman Rogers
ArticleUnderstanding Hearing Disabilities In The Workplace And The Americans With Disabilities ActThe Equal Employment Opportunity Commission (EEOC) has recently released a new resource document for employers, providing valuable guidance on how to navigate the Americans with Disabilities Act (ADA) in relation to job applicants and employees with hearing disabilities.United StatesEmployment and HRShulman Rogers
ArticleFrom Lyrics To Litigation: How Music Can Create A Hostile Work EnvironmentIn a case that reminds us that derogatory content can offend even if it's popular, the Ninth Circuit Court of Appeals recently held in Sharp v. S&S Activewear, LLC...United StatesEmployment and HRShulman Rogers
ArticleRevise Your Severance Agreements- The Government Just Significantly Limited The Use Of Confidentiality And Non-Disparagement ProvisionsIn other words, the severance agreement was unlawful even though the employer never sought to enforce the provisions being challenged before the Board. United StatesEmployment and HRShulman Rogers
ArticleBiden Signs Executive Order Directing Restrictions On Use Of Non-Compete AgreementsOn July 9, 2021 President Biden issued Executive Order 14036 – announced as part of a broad government effort to promote competition within the American economy. United StatesEmployment and HRShulman Rogers