March 14, 2023In late December of 2022, the Consolidated Appropriations Act of 2023 (the “Act”), which was part of the larger Securing a Strong Retirement Act, became law. Approximately ninety provisions in the Act affect qualified retirement plans. The Act has been commonly referred to as the SECURE Act 2.0 because it is intended to augment previous changes in the 2019 SECURE (Setting Every Community Up for Retirement Enhancement) Act. A few of the highlights of note to employers are as follows:
March 06, 2023The Department of Labor (DOL) issued a public opinion letter on February 9, 2023, in response to an employer’s inquiry about an employee’s inability to work more than an eight-hour day due to a Family Medical Leave Act (FMLA) qualifying chronic serious health condition. In the letter, the DOL states that employees may be entitled to indefinite reduced schedules under the FMLA.
March 02, 2023The National Labor Relations Board (NLRB) recently ruled that nondisclosure and nondisparage provisions in severance agreements violate Section 7 of the National Labor Relations Act (NLRA). The NLRB noted provisions requiring an employee to keep the terms or existence of a severance agreement confidential or prohibiting disparagement of the employer, its affiliates, officers, managers or employees are unlawful because those provisions restrict an employee’s right to engage in concerted activity.
February 14, 2023In case you missed our latest employment law webinar, here is a recap of the legislative updates and hot topics employers need to keep an eye on this year.
February 08, 2023Congress recently passed two pregnancy-related acts, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act and the Pregnant Workers Fairness Act (PWFA). While some of the Acts' provisions overlap with requirements of other federal and state laws already in place, both Acts require nuances that place additional obligations on employers. Haynsworth Sinkler Boyd’s Chris Gantt-Sorenson outlines the details of the two Acts, highlighting what employers need to consider to ensure they comply with each.
January 19, 2023During a recent employment law webinar, Haynsworth Sinkler Boyd’s Chris Gantt-Sorenson and Tyler Gilliam discussed considerations for employers who employ out-of-state remote workers. To help employers ensure that they are compliant with various states’ business, tax, and employment law regimes, Chris and Tyler prepared the following out-of-state employee compliance checklist.
January 06, 2023On Thursday, January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that would bar all U.S. employers from enforcing and imposing non-compete agreements on workers. The proposed rule – if ever finalized – would have significant legal and business ramifications on the U.S. labor economy.