Updated EEOC Guidelines on Workplace Harassment

On April 29, 2024, the Equal Opportunity Commission (“EEOC”) released its latest Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance updates prior EEOC guidelines on: (1) legally protected characteristics; (2) how harassment must affect a “term, condition, or privilege of employment;” (3) and standards for establishing liability. Although the EEOC Guidance does not […]

FTC Bans Noncompete Agreements

Lake Effect HR Law

On April 23, the Federal Trade Commission (“FTC”) issued its final rule banning noncompete clauses in employment agreements. Barring a successful legal challenge (including lawsuits already filed in Texas courts), the rule will take effect 120 days after publication in the Federal Register. At that time, employers who have employees under existing noncompete agreements will […]

US Department Of Labor Raises Salary Thresholds For Exempt Employees 

Lake Effect HR Law Exempt Status

Employers wake up today to a daunting new landscape as they face higher salary requirements for their exempt employees. On April 23, 2024, the US Department of Labor (DOL) issued a final rule that substantially increases the minimum salary levels for exempt employees under the Fair Labor Standards Act (FLSA). If an employee’s job duties and fixed salary level meets […]

Review Your Handbooks Now

In the fall of 2023, we encouraged organizations to review their handbooks based on recent NLRB decisions focused on employees’ rights to engage in protected activity even in non-union settings. We are renewing that call – as several states have implemented new laws that could have a significant impact on handbooks and employment policies. For […]

Heed EEOC’s Proposed Guidance on Workplace Harassment

Heed EEOC’s Proposed Guidance on Workplace Harassment The EEOC has signaled an aggressive and expansive approach to employer liability for workplace harassment in its recently released Proposed Enforcement Guidance on Harassment in the Workplace. Employers should respond proactively by reviewing their Equal Employment Opportunity (EEO) policies and practices, ensuring they have robust and effective complaint […]

Handbooks & Policies: Common Rules May Violate NLRA

Recent decisions by the National Labor Relations Board (NLRB) have drastically altered the landscape for both unionized and non-unionized workplaces rendering many common workplace rules unlawful. Lake Effect previously reported on the NLRB’s enhanced scrutiny of confidentiality, non-disclosure, and non-disparagement provisions in employee separation agreements and other employee communications. The NLRB continues to focus on […]

USCIS Releases New Form I-9

As promised, the United States Citizen and Immigration Services (USCIS) has published a new Form I-9. Employers may continue to use the current Form I-9 through October 31, 2023, but must implement the new form after that date or face penalties. Please see Lake Effect’s prior blog for detailed information about the specific revisions made […]