FTC Bans Noncompete Agreements
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
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 […]
New Wisconsin Employment-Related Laws
On March 27, 2024, Wisconsin Governor Tony Evers signed two bills into law that have the potential to require actions for some employers.
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 […]
New Test for Employee vs. Independent Contractor
As of March 11, 2024, the US Department of Labor (DOL) will return to the analysis it has historically used to classify workers, employing a six-factor balancing test.
Benefits Limits for 2024
2024 IRS limits for employee benefit plans, flex plans, and retirement plans.
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 […]
Expect Revised I-9 Form August 1, 2023
The U.S. Citizenship and Immigration Services (USCIS) is expected to publish a revised version of Form I-9, Employment Eligibility Verification, on August 1, 2023. Employers must begin using the new version of the Form I-9 by November 1, 2023. According to the USCIS announcement, the revised Form I-9 will: Reduce Sections 1 & 2 to […]