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Department of Labor Increases Overtime Pay Thresholds

By: Cody Weyhofen & John Vering

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 under the Fair Labor Standards Act (“FLSA”). Importantly, the thresholds outlined in the Final Rule are higher than those initially proposed by the DOL in August 2023. As a result, millions of employees are set to become entitled to overtime compensation when the Final Rule takes effect.

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FTC Issues Final Rule Banning Non-Competes

By: John Vering

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a Final Rule (“Rule”) – Non-Compete Clause Final 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.  The majority of FTC commissioners concluded that non-compete agreements constitute an unfair method of competition, and, therefore violate Section 5 of the Federal Trade Commission Act. The Rule will take effect (unless enjoined by a court) 120 days after it is published in the Federal Register (likely during the week of April 29, 2024).

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EEOC Issues Final Rule Implementing Pregnant Workers Fairness Act

By: Cody Weyhofen and John Vering

On Monday, April 15, 2024, the Equal Employment Opportunity Commission (“EEOC”) released its final rule (the “Final Rule”) interpreting the Pregnant Workers Fairness Act (“PWFA”). The Final Rule, published on April 19, 2024, is expected to take effect sixty (60) days later on June 18, 2024. Many of the provisions within the Final Rule mirror the proposed rule announced by the EEOC in August 2023; however, the Final Rule does contain important differences and additional interpretive guidance for employers.

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U.S. Supreme Court Lowers Burden to Bring Title VII Lawsuits

By: John Vering

The United States Supreme Court has issued a unanimous ruling in Muldrow v. City of St. Louis, 143 S.Ct.2686 (April 17, 2024) 22-193 Muldrow v. St. Louis (04-17-2024), which will make it easier for employees to bring discrimination lawsuits against their employers under Title VII of the Civil Rights Act. Title VII bars discrimination against employees and applicants on the basis of race, color, religion, sex (including pregnancy, childbirth, and related conditions, sexual orientation, and gender identity), and national origin.

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New Independent Contractor Regulations Published by the U.S. Department of Labor

By: Shannon Johnson

Last week, the U.S. Department of Labor (the “DOL”) announced a new rule, which will go into effect on March 11, 2024, establishing a six-factor analysis that businesses should use in order to properly classify independent contractors vs. employees.  To businesses with past experience utilizing contractors, this “new” rule will not appear new at all – rather, it rejects a more recent rule published in 2021 that made it easier for businesses to classify their workers as independent contractors, and largely reinstates the long-standing “economic realities test” that was developed through Court precedent over the course of decades.

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The Corporate Transparency Act: Reporting Requirements and Penalties

By: Tate Thompson, Nida Rais, Rachel Sterbenz, and John Fuchs

Beginning January 1, 2024, the Corporate Transparency Act (“CTA”) will require the majority of businesses (corporations, limited liability companies, and other business entities) to report beneficial ownership information to the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”). These requirements will particularly impact small businesses and companies that utilize complex entity structures by imposing new or additional obligations that they are not accustomed to having in the past.

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Department of Labor Proposes Rule That Would Entitle Millions of Employees to Overtime Compensation

By: Cody Weyhofen and John Vering

On August 30, 2023, the Department of Labor (“DOL”) announced a proposed rule that seeks to significantly raise the minimum salary threshold needed to qualify for overtime-pay exemptions under the Fair Labor Standards Act (“FLSA”). If the rule takes effect, it’s estimated that an additional 3.6 million employees will become entitled to overtime compensation.

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Missouri Enacts Progressive Name, Image, and Likeness Law

By: Tate Thompson and Curry Sexton

In the absence of uniform laws from Congress or a more robust policy from the NCAA, states continue to look for ways to help their institutions compete in the name, image, and likeness (NIL) “arms race.” One way is for states to implement progressive NIL laws.  Effective August 28, 2023, Missouri institutions will be able to arm themselves with arguably the most progressive state NIL law in the country. H.B.417, which was recently signed by Governor Mike Parson, significantly amends Missouri’s prior NIL law. As a result, Missouri institutions and the student-athletes who attend them, will likely benefit greatly following the most recent amendment.

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