2023 Blog Archives
June 6, 2023
NONCOMPETE AGREEMENTS AND THE NLRB
On May 30, the National Labor Relations Board (NLRB) General Counsel issued a memorandum announcing that many noncompete agreements violate the National Labor Relations Act. This memo comes in the wake of the Federal Trade Commission’s (FTC) proposed new rule that would ban noncompete agreements nationwide.
May 23, 2023
INTERNS AND VOLUNTEERS
Employers often use unpaid interns and volunteers in their businesses. The Fair Labor Standards Act (FLSA) has strict rules regulating those categories. Failure to follow those rules can result in expensive penalties from the federal Department of Labor.
May 1, 2023
2023 VIRGINIA LEGISLATIVE UPDATE
The Virginia General Assembly’s 2023 session produced some new laws relating to employment issues which will take effect July 1.
April 13, 2023
VIRGINIA NONCOMPETE AGREEMENTS UPDATE
In previous blogs we have discussed several aspects of the 2020 Virginia statute (§ 40.1-28.7:8.
March 24, 2023
FMLA ELIGIBILITY
Many employers and employees are under the mistaken assumption that the Family and Medical Leave Act (FMLA) applies to all employers and employees. In fact, the FMLA applies only to employers that have a worksite with 50 or more employees within a 75 mile radius. In addition, even if an employer is covered by the Act, individual employees might not be eligible for coverage.
March 24, 2023
NLRB VOIDS COMMON SEVERANCE AGREEMENT PROVISIONS
The National Labor Relations Board (NLRB) has overruled its own precedent and has decided that certain common provisions in severance agreements violate the National Labor Relations Act (NLRA). Employers generally have included confidentiality and nondisparagement provisions in severance agreements.
February 16, 2023
REMOTE WORKERS AND COMPENSABLE TIME
The U.S. Department of Labor (DOL) has issued new guidance concerning compensable time for remote workers. The guidance attempts to clarify certain issues that frequently arise with remote work, and can be found here: 2023-1.pdf (dol.gov) .
January 9, 2023
FTC’S PROPOSED RULE BANNING NONCOMPETE AGREEMENTS
The Federal Trade Commission (FTC) has issued a proposed new rule that would ban noncompete agreements nationwide. In its proposal, the FTC states that noncompetes are an unfair method of competition, and thus violate the Federal Trade Commission Act. The proposed rule can be found here:
https://www.ftc.gov/legal-library/browse/federal-register-notices/non-compete-clause-rulemaking
