Introduction Non-compete agreements have long been used by employers to protect their business interests, prevent the loss of valuable trade secrets, and retain key talent. However, recent developments by the National Labor Relations Board (NLRB) have raised concerns among employers. The agency has challenged the enforceability and viability of such agreements. In this blog post,…
On September 9, 2021, President Biden announced a plan to require all private employers with one hundred (100) or more employees to ensure that their workers are fully vaccinated against COVID-19, or produce a negative COVID-19 test each week. OSHA has yet to release the emergency rule which would implement this policy, but employers should…
Recently, the Third Circuit Court of Appeals upheld the dismissal of race discrimination claims by a bank employee. The bank terminated the employee for a social media post. Employers have wrestled for the better part of the 2000’s with the explosion of social media. The focus is often on how to prevent harm to their business…
In an unsurprising move, the Biden administration announced the rollback of a Trump-era policy which will penalize businesses. Employers who violate the wage provisions of the Fair Labor Standards Act may be liable for liquidated damages. Liquidated damages double the amount of the actual wage damages awarded. To avoid such costly fines, employers must examine…
As COVID-19 vaccines become increasingly available across the country, businesses are starting to bring their employees back into the office. With the influx of vaccines rolling in, many employers are considering whether to introduce a mandatory vaccine policy as a condition of returning to work or setup some sort of incentive program to encourage employee…
Independent Contractor Status under the Fair Labor Standards Act The Department of Labor on January 6, 2021 clarified, with a much-needed final rule, the standard for determining independent contractor status. If the rule stands, it will have an impact on workers’ benefits, tax structure, and labor relations. The rule contains several factors for determining whether…