Key Takeaways:

• The proposed rule bans non-compete agreements nationwide for virtually all workers.
• Employers would be required to rescind all current non-compete agreements they have with workers.

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On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule banning non-compete agreements. The 218-page notice of proposed rulemaking details the FTC’s position on the value (or lack thereof) of non-competes,… More

Key Takeaways:

• Effective September 18, 2023, employers and employment agencies will be required to list the salary or salary range, and job description, for all advertised jobs, promotions, and transfer opportunities that can be performed in New York State.
• The new law also requires employers to keep and maintain records concerning the compensation history for each job, promotion, or transfer opportunity, and a job description for such positions if one exists.…

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Key Takeaways:

• The IRS issued initial guidance on prevailing wage and apprenticeship requirements for energy projects commencing construction on or after January 29, 2023. See our blog post on the details of and applicable tax credit implications of the guidance here.

What you should know about the labor impacts of the guidance:

• The prevailing wage requirements are largely derived from the prevailing wage regime established by the federal Davis Bacon Act.…

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The Internal Revenue Service (IRS) issued guidance on the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA) by publishing Notice 2022-61 (the Notice) in the federal register today. Meeting the prevailing wage and apprenticeship requirements will allow projects to qualify for the higher base credit rates for tax credits under various IRA provisions, including the full 30% renewable energy investment tax credit (ITC), the $26 per megawatt-hour production tax credit (PTC),… More

Key Takeaways:

• The Supreme Court has issued a rare ruling limiting the circumstances under which arbitration agreements may be enforced by federal courts.
• Under the ruling, a party who engages in court litigation and only belatedly seeks to move that dispute to arbitration may be found to have waived the right to arbitrate, even absent any prejudice to the opposing party.
• Employers who wish to enforce arbitration agreements should do so at the first opportunity.…

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Key Takeaways:

• The Supreme Judicial Court of Massachusetts (SJC) ruled that employees whose claims for untimely payment of overtime arise solely under the Fair Labor Standards Act (“FLSA”) are not entitled to the more generous damages allowed by the Massachusetts Wage Act—including treble damages.
• Per the SJC, the FLSA’s comprehensive remedial scheme for recovery of damages for federal overtime violations precludes an employee from alternatively pursuing remedies under the Wage Act for the untimely payment of overtime wages due solely under the FLSA.…

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Key Takeaways:

• The Supreme Judicial Court of Massachusetts (SJC) has held that employers failing to make payment of earned wages within the time required by the Massachusetts Wage Act are liable for damages equal to three times the amount of the late payment.
• Massachusetts employers are subject to treble damages immediately, even before the employee makes a demand or files a complaint.
• Massachusetts employers should implement measures to ensure that earned wages are paid in a timely manner consistent with the Wage Act to avoid treble damages.…

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Key Takeaways:

• On January 15, 2022, New York City passed a law requiring employers with 4 or more employees to post the minimum and maximum salary for advertisements for a job, promotion or transfer opportunity.
• The requirement applies to all advertisements for a job, promotion or transfer that could be performed in New York City, even if the employer opts to have the work performed remotely outside of the City.…

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Key Takeaways:

• The three-pronged “ABC test” for independent contractor status set forth in the Massachusetts independent contractor statute may apply to franchisors-franchisee relationships in Massachusetts.
• Where a franchisee is an “individual performing any service” for a franchisor, the franchisee is presumptively an employee, unless the franchisor can rebut the presumption by establishing each prong of the ABC test.
• Businesses that engage individuals as independent contractor franchisees must be able to satisfy the ABC test to avoid potential liability for employee misclassification.…

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On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (“OSHA”) enforcement of its COVID-19 Emergency Temporary Standard (“ETS”). Among other things, the ETS would have required most employers with 100 or more employees to either mandate COVID-19 vaccinations for all covered employees or require unvaccinated employees to undergo weekly COVID-19 testing. (A full summary of the ETS can be found in our alert here).… More