Recent Challenges to Plan Forfeitures

Recent lawsuits are challenging 401(k) plan sponsors’ use of forfeitures to reduce employer contributions. Such practice is a long-standing precedent permitted by the Internal Revenue Service “IRS.” Plaintiffs in these suits claim that the decision on how to apply forfeitures is a fiduciary determination. The plaintiffs further allege it is a... Read More

FTC Publishes Final Rule Banning Non-Competes

On May 7, 2024, the Federal Trade Commission (FTC) published a Final Rule banning most post-employment non-competes. The Final Rule becomes effective on September 4, 2024. While the Final Rule faces statutory and constitutional challenges which may potentially delay and even halt the Effective date, employers should still take steps to become... Read More

The FTC Votes to Ban Non-Compete Agreements

In a 3-2 vote, the Federal Trade Commission (“FTC”) issued a new rule (the “Final Rule”) on April 23, 2024, banning virtually all post-employment non-competes in employee-employer contracts. In a highly anticipated decision, the FTC found that non-compete agreements between an employer and employee are unfair competition violating section 5 of the... Read More

EEOC Adopts Expansive Final PWFA Rule

At the end of 2022, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The Act, among other things, requires employers to offer reasonable workplace accommodations to workers who are pregnant, or have a condition related to pregnancy or childbirth, unless the accommodation would cause the business an undue hardship. The law... Read More

Examining OSHA's Walkaround Rule

In a recent development, the Occupational Safety and Health Administration (OSHA) has finalized a contentious proposed rule regarding the Worker Walkaround Representative Designation Process. Set to take effect on May 31, 2024, this rule has sparked considerable debate, particularly within the manufacturing sector and among legal experts. What is... Read More

DOL Independent Contractor Final Rule

On January 9, 2024, the Department of Labor (DOL) released its Final Rule which changes the criteria for classifying independent contractors under the Fair Labor Standards Act (FLSA). The Final Rule is set to take effect on March 11, 2024, and rescinds the 2021 independent contractor rule, replacing it with an analysis that the DOL explains, is... Read More

The NLRB Issues a Final Rule Regarding The Joint-Employer Standard

On October 26, 2023, the National Labor Relations Board issued a final rule addressing how to determine whether two employers have joint-employer status. The final rule introduced a broadened standard as to who may classify as a joint-employer. The new standard will go into effect on December 26, 2023. A “New” Standard The final rule establishes... Read More

Proposed Overtime Rule: What Employers Need to Know

The U.S. Department of Labor is shaking up the employment landscape with a proposed rule that’s set to benefit approximately 3.6 million salaried workers. This rule, proposed on August 30, 2023, seeks to expand overtime protections, ensuring overtime compensation for those who’ve been working long hours without extra pay. In this blog post, we’ll... Read More

Minnesota Passes Paid Family and Medical Leave: Effective in 2026

Paid Family and Medical Leave On May 25, 2023, Minnesota Governor Tim Walz signed a Paid Family and Medical Leave bill (HF 2). The law provides employees with up to 20 weeks of paid family or medical leave per year. The leave program will be administered by a new division of the Minnesota Department of Employment and Economic Development: The... Read More