By: John Vering

FTC Ban on Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a Final Rule (“Rule”) that would generally ban employers from entering into non-competes with workers and require employers to notify workers that their existing non-compete agreements are unenforceable. We published a client alert explaining the Final Rule, which is scheduled to take effect September 4, 2024 (unless enjoined/stopped by a court).

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By: Katie A. Conklin and John A. Vering[1]

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a long-anticipated update to its enforcement guidance on harassment in the workplace. The EEOC’s previous guidance had not been updated since 1999. The updated guidance reflects the legal and social changes of the past two decades and includes over 70 hypothetical examples of unlawful workplace harassment based on race, color, religion, sex (including pregnancy, childbirth, or related medical conditions; sexual orientation; and gender identity), national origin, disability, age, and genetic information.

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By: John Vering and Cody Weyhofen

Overtime Regulations

On April 30, 2024, we published a client alert advising you that on April 23, 2024, the U.S. Department of Labor (“DOL”) released its Final Rule, significantly raising the minimum salary thresholds for certain overtime exemptions (the so-called white collar exemptions [“WCE”] for executive, administrative, and professional employees) under the Fair Labor Standards Act (“FLSA”). The minimum salary levels for an executive, administrative, or professional employee to be exempt from overtime is scheduled to increase effective July 1, 2024, from $684 per week (equivalent to $33,568 per year) to $844 per week (equivalent to $43,888 per year). For employees eligible for the highly compensated employee exemption, the increase effective July 1, 2024, is from $107,432 per year to $132,964 per year. The regulations also provide for a second increase effective January 1, 2025, which would increase the WCE threshold to $1,128 per week ($58,656 per year) and the threshold for highly compensated employees to $151,164 per year.

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