In a decision last month, the U.S. Supreme Court held that transferees asserting Title VII claims did not have to show “significant harm” in order to prove that they suffered an adverse employment action, which is one component of the employee’s proof in a Title VII case. In order to establish a prima facie case, an employee claiming Title ...
Workplace violence, or threats of violence, unfortunately, reaches across all industries. According to the U.S. Bureau of Labor Statistics, in 2020 there were 37,060 non-fatal injuries inflicted by someone in the workplace. Ohio businesses and organizations, including government entities, may be able to utilize an Organizational Protection ...
On April 23, 2024, the United States Department of Labor (“DOL”) issued its long-awaited final rule raising the salary threshold for exempt employees under the Fair Labor Standards Act (“FLSA”). Under the FLSA, certain “white collar” employees are exempt from overtime requirements if they are: (1) paid on a salary basis; (2) paid ...
In Southwest Ohio, a short drive along the I-275 loop easily connects tri-state individuals and businesses to three different states in a relatively short period of time. The day to day business operations of many tri-state employers often take their employees to all three states, and many employees live in one state and work in another. While ...
In a recently decided case, the U.S. Supreme Court held that a job transfer may demonstrate adverse action even when the transfer does not result in a loss of pay or other benefit. A unanimous Court held in Muldrow v. City of St. Louis that an employee challenging the reason for a transfer must show that it brought about some harm as to an identifiable term or ...
The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees from harassment based on race, color, religion, sex, national origin, disability, age, or genetic information.
Since ...
In news that will surprise absolutely no one, the US Chamber of Commerce has already filed a lawsuit trying to block enforcement of the FTC’s non-compete ban. The lawsuit was filed in … wait for it … Texas – the state where businesses go to fight governmental overreaches like this. Those who were in HR roles in 2016 will recall the ...
By: Matthew L. Bunnell
The Federal Trade Commission (“FTC”) announced a proposed rule fifteen months ago that would effectively ban non-competition agreements.[1] On April 23, 2024, after receiving more than 26,000 comments about the proposed rule, the FTC voted 3-2 along party lines to issue a comprehensive final regulation, referred to ...
You may recall last summer, we mentioned the future of non-competes was murky at best after the Federal Trade Commission (FTC) announced a proposed rule to ban all non-competes in January of 2023.
Yesterday, we learned the FTC voted to approve the proposed ban.
Under the new rule, existing non-competes for senior executives remain enforceable ...
After months of speculation, the U.S. Department of Labor (DOL) has published its long-anticipated final rule increasing the salary threshold for persons exempt from overtime requirements. The new rule, which increases base salaries for the traditional white-collar exemptions (Executive, Administrative, and Professional) and the ...