A recent decision to void the U.S. Department of Labor's "Tip Credit Rule" could change the way tipped workers, such as servers and bartenders, are paid. Read Jason Finkelstein and Marissa Mastroianni's latest article to learn more. https://lnkd.in/dcfpjpQe #EmploymentLaw #DOL #TipCredit #ServiceWorkers
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See Something, Say Something, Post Sometimg? As of January 8th, all Texas employers must post, in a conspicious place, a notice of employees’ right to report instances of work-place violence or suspicious activity to the Texas Department of Public Safety (iWatchTx.org or by phone) For Texas public and open charter school districts, it’s important to remember, their employees have the right (since 2015) to report a crime witnessed at school to any peace officer with authority to investigate the offense. And, Texas school districts may not adopt a policy requiring employees to refrain from reporting the crime, or require an employee to report the crime only to certain persons or certain peace officers. (Texas Education Code, Section 37.148). As a practical matter, calling the local law enforcement agency (if the school or community is served by one) may be the most efficient avenue, especially in urgent or emergency circumstances. https://lnkd.in/g9XHUZKx
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New blog! FTC Bans Noncompete Agreements, Lawsuit Ensues: How the Rule Impacts #Security Businesses On April 23, 2024, after a 3-2 vote in favor, the Federal Trade Commission announced a rule which will put a ban on all noncompete agreements nationwide beginning Sept. 4, 2024. Once this new ruling goes into effect, existing noncompetes for most of the workforce will be null and no longer enforceable, and notably, the rule will preempt existing state laws on noncompetes. In this blog, SIA's George Sewell highlights how the rule will impact #securityindustry businesses. Check it out at the link in the comments!
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Bell Nunnally & Martin LLP partner Kristopher Hill authored a great summary (below) of the FTC action yesterday in which it adopted a rule to abolish most non-compete agreements. We've already seen two lawsuits filed in Texas on the issue--one by tax firm Ryan LLC in the Northern District of Texas and another by the Chamber of Commerce in the Eastern District of Texas. I've been trudging through the 570-page supplemental information released by the FTC as well as the lawsuits filed to stop the rule. Though this is unfolding quickly, workers and employers would be wise to proceed cautiously. The rule is not effective until 120 days after publication in the Federal Register. By its own terms, it does not prevent enforcement of any agreement breached prior to the effective date. There are exceptions to the rule and the possibility that a court might enjoin enforcement of the rule prior to the effective date. Read Kris's paper for an excellent overview of what we know so far.
Yesterday, the United States Federal Trade Commission (FTC) announced a nationwide ban on nearly all noncompetes. According to the FTC’s estimates, one in five—i.e., nearly 30 million—U.S. workers are subject to noncompetes. The FTC’s unprecedented ban will therefore have a massive impact on the contractual rights and obligations and recruiting and retention strategies of employers and employees across the county and create a tidal wave of litigation. Learn more regarding the legal implications of this ban from Bell Nunnally’s Kristopher Hill here: https://lnkd.in/gyzqCMsM. #NoncompeteBan #LaborAndEmploymentLaw
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Check out my latest article on this major development in non-compete law. Our team at Bell Nunnally & Martin LLP has fielded non-stop questions on the scope of the FTC’s ban on #noncompetes and what is to come. Give me a shout if you have questions!
Yesterday, the United States Federal Trade Commission (FTC) announced a nationwide ban on nearly all noncompetes. According to the FTC’s estimates, one in five—i.e., nearly 30 million—U.S. workers are subject to noncompetes. The FTC’s unprecedented ban will therefore have a massive impact on the contractual rights and obligations and recruiting and retention strategies of employers and employees across the county and create a tidal wave of litigation. Learn more regarding the legal implications of this ban from Bell Nunnally’s Kristopher Hill here: https://lnkd.in/gyzqCMsM. #NoncompeteBan #LaborAndEmploymentLaw
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Today the 'fire and rehire' Code of Practice, introduced under the previous government, comes into force. The Code gives guidance on how employers should act if they wish to change an employee's contract 👉 https://lnkd.in/eEUUaXv7
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BIG NEWS FOR #Delaware employers and workers! Delaware Paid Leave provides the financial support employees need during times of unusual hardship. Learn more about the program and how you can prepare your business and workers de.gov/paidleave
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Did You Know? A Minnesota state audit found 1 in 5 employers misclassified workers. That's not just an oops—it's a major issue that affects real people and their livelihoods. Minnesota plans to tackle this with tough new laws that will punish violators with fines up to $10,000 per misclassification It's a strong move to ensure that every worker gets their fair share of rights and benefits, including work comp protections. Why This Matters: Misclassification isn't just about missing out on benefits. It's about fairness, security, and holding businesses accountable. It's about making sure everyone plays by the rules for the good of all Minnesotans.
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Important update below on the FTC rule banning noncompetes.
Breaking news for employers: A federal judge in Texas has put a halt to the FTC rule that was scheduled to ban nearly all noncompetes, effective September 4. As the result of the judge's order today, the FTC Rule is "set aside" on a nationwide basis. The order will likely be appealed, but for the foreseeable future, employers do not need to worry about compliance with the FTC's noncompete rule.
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Today WSAJ EAGLE Jesse Wing of MacDonald Hoague & Bayless testified in support of one of our priority bills, SB 5924 which gives employees access to their personnel records. SB 5924 (prime sponsored by long-time EAGLE member Senator Kuderer) requires employers to provide a worker with their personnel records and/or written reason for termination within 21 calendar days. Under current WA law, employers are supposed to give employees access to their personnel records within 10 days; however, there is no enforcement mechanism. SB 5924 provides such a mechanism with modest statutory fees and reasonable fees and costs. This important bill would allow meaningful access to records that are critical in various circumstances, including obtaining accurate workers’ compensation benefits, complying with a noncompetition agreement, and evaluating disciplinary decisions. To watch the hearing, click the following link: https://bit.ly/41Vd2n2
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