Yesterday, April 23, 2024, the Federal Trade Commission issued a much anticipated final rule banning non-compete agreements. The final rule, which is effective August 21, 2024, prohibits any person (including business entities) from entering into or attempting to enter into a “non-compete clause.” The rule defines “non-compete clause” as any term or condition of employment that prohibits or functions to prevent a worker from, or penalizes a worker for, 1) “seeking or accepting work in the United States” with a different person, or 2) operating a business in the United States. The term wor ..read more

The U.S. Department of Labor (“DOL”) has announced increases for the salary thresholds for exempt workers under the Fair Labor Standards Act (“FLSA”). Effective July 1, 2024, the annual salary threshold for exempt executive, administrative, or professional employees will increase from its current $35,568 to $43,888 (or $844 per week). The annual salary threshold for exempt highly compensated employees will also increase from $107,432 to $132,964. Effective January 1, 2025, the annual salary threshold for exempt executive, administrative, or professional employees will further increase from ..read more

It’s not often I get to title an employment law update “Love is Blind,” but a recent ruling presents an opportunity to remind employers arbitration provisions in employment agreements are not enforceable when an employment dispute turned litigation pertains directly or indirectly to sex harassment.  Employers (well, their lawyers) routinely include mandatory binding arbitration provisions in employment agreements, nondisclosure and restrictive covenant agreements, and any other written agreement between the employer and employee if the agreement could create a justiciable dispute between ..read more

Join Haynsworth Sinkler Boyd’s Joseph Dickey for our next employment law webinar on April 25, from 12-1 PM EDT, where he will discuss the FLSA exempt salary rule. Items to be addressed include: Identification and Discussion of Department of Labor’s increased earnings thresholds; Guidance for employers on FLSA classifications under DOL’s proposed new rule; Discussion of potential impacts the proposed rule will have on employers; Analysis of DOL proposed rule and events possibly affecting implementation. Click here to register. We invite you to submit any questions via registration o ..read more

We touched on the new independent contractor rules issued by the Department of Labor and the National Labor Relations Board during our January legislative update, but many of our attendees followed up by requesting more in-depth training on navigating independent contractor relationships in your businesses. With the DOL’s rule now in effect as of March 11, the NLRB rule that was already in effect, and the IRS rule which also applies, time is of the essence for us to have that discussion. On March 28, we will cover in detail the different independent contractor rules noting the differences ..read more

Haynsworth Sinkler Boyd is thrilled to introduce the newest member of the employment law team, Joseph D. Dickey, Jr. Joseph brings a unique skill set to the firm. Employment team leader Chris Gantt-Sorenson recently sat down with Joseph so we can share more about his practice and background. Learn more in the full Q&A below. What type of work do you currently focus on at HSB? I focus my labor & employment practice on representing small to large private businesses, governmental entities of all types, individuals and nonprofit organizations with general advice counsel, personnel actions ..read more

Join Haynsworth Sinkler Boyd’s Employment Law team for our next webinar on February 22, 2024, from 12-1 PM, where we will hear from Garrett Steck and Chris Gantt-Sorenson. They will discuss H-1B visa filings and recent changes impacting the employment of foreign nationals, including: H-1B lottery registration; H-1B online web portal and e-filing; A new fee schedule and General updates and changes. Click here to register for this complimentary webinar presented by HSB’s Employment Law team. We invite you to submit any questions via registration or to Keely Yates. HSB is an approved SHRM provi ..read more

During a recent webinar, Denny Major discussed the latest updates employers need to know about non-compete agreements and overtime requirements. In this blog post, Denny will highlight key takeaways and considerations for employers related to non-compete agreements. Over the past several years, there has been growing sentiment against non-compete agreements from the federal government. In 2016, the Obama Administration issued an announcement shortly before the election to get states to curtail the use of non-competes. Then, in 2021, President Biden issued an executive order encouraging agencie ..read more

Join Haynsworth Sinkler Boyd’s Employment Law team for our first webinar of the new year. On January 25, from 12-1 PM, Chris Gantt-Sorenson and Katie Busbee will address key issues impacting employers this year in our 2024 employment law legislative preview. Click here to register for this complimentary webinar presented by HSB’s Employment Law team. We invite you to submit any questions via registration or to Brittany Hill. HSB is an approved SHRM provider, and this course will be submitted for SHRM, HRCI and SC CLE credits ..read more

We’ve rounded up the most popular employment law questions we’ve answered on our blog throughout 2023. The end of the year is a great time to review your workplace policies and proactively plan for the start of the new year. Review these free resources below and ensure your workplace is prepared for the year ahead. Is our workplace in compliance with out-of-state remote employee regulations? With many employers continuing to implement remote and hybrid work policies, it is crucial to consider various business, tax, and employment law regimes that may differ in each state. Before hiring out-of ..read more