News

The Corporate Transparency Act (CTA) took effect in 2024, with enforcement starting Dec. 31. Businesses must disclose "beneficial owners" to FinCEN unless exempt. Failure to comply risks fines and jail time. File early to avoid delays, and beware of scams—FinCEN won’t request info via email links.

The National Labor Relations Board (NLRB) has issued a new memorandum targeting non-competition agreements, following the U.S. District Court for the Northern District of Texas ruling against the Federal Trade Commission's (FTC) national ban attempt. The NLRB's memo argues that non-compete clauses restrict employees from collective action and workplace advocacy, potentially imposing severe financial penalties. The NLRB seeks to broaden penalties for enforcing overly restrictive non-competes, including lost wages, moving costs, and retraining. While these policies are still in early stages, employers should stay informed as these developments could significantly impact labor practices.

Florida's new $13 minimum wage starts today, with annual increases until it reaches $15 by 2026. Tipped employees now earn $9.98/hour. Ensure updated wage posters are displayed and payroll is adjusted.

As of August 23, 2024, restaurants no longer need to track how much time tipped employees spend on non-tipped duties to maintain the tip credit. The previous rule required 80% of a worker's time to be spent on tip-earning tasks, but the Fifth Circuit Court has ruled this standard "arbitrary and capricious," reducing the requirement to 51%.

Restaurateurs should update their time-keeping practices and consider a wage and hour audit to ensure compliance with the new standard.

Florida’s Federal Court ruling on the FTC non-compete ban applies only to specific real estate plaintiffs, leaving the nationwide ban set for September 4, 2024, unchanged. Businesses should prepare accordingly.

On July 23, 2024, the FTC won a significant victory when the Eastern District of Pennsylvania court upheld its ban on non-competition agreements, rejecting ATS Tree Services, LLC's motion to stay enforcement. The court found no substantial likelihood of "irreparable harm" and confirmed the FTC's statutory authority. This contrasts with a recent Northern District of Texas ruling, which temporarily halted the ban in Texas pending a final decision on August 30, 2024. The conflicting rulings set the stage for a major legal showdown that could reshape employment law nationwide.

The Eastern District of Texas, known for its business-friendly rulings, surprised everyone by allowing national regulations on salary thresholds and non-compete agreements to proceed. While the court limited the impact on Texas employers, businesses nationwide should prepare for changes.

The Department of Labor's increased salary threshold for exempt employees is finally here! This means employers may need to raise salaries, convert employees to hourly, or make layoffs. Learn your three options and how to comply with the new rule.

The Department of Labor (DOL) is once again attempting to raise the minimum salary threshold required to exempt employees from overtime pay under the Fair Labor Standards Act (FLSA). After a failed attempt in 2016, the DOL now proposes increasing the threshold from $35,568 to $55,069 per year, with regular adjustments for inflation. This move has sparked a new lawsuit in the Eastern District Court of Texas, the same court that struck down the DOL's previous effort. Critics argue that the current threshold is insufficient for a living wage, particularly in states like Florida, while opponents claim the DOL is overstepping its authority.

Effective May 29, 2024, OSHA's new "walkaround rule" allows both employers and employees to designate third-party representatives, including union organizers, to accompany inspectors during site inspections. This change raises concerns about potential union recruitment during inspections. Employers can mitigate liability risks by requiring third parties to sign liability waivers and non-disclosure agreements. The rule prohibits representatives from obstructing inspections, with violations leading to potential expulsion. Employers should prepare for these changes to ensure compliance and prevent disputes.

Big news for employers! The FTC's ban on non-compete agreements is in jeopardy. Learn about the exceptions, legal challenges, and what employers can do to prepare.

The Department of Labor (DOL) has officially released its FINAL RULE outlining the criteria for determining whether a worker should be classified as an employee or an independent contractor. While this rule might seem familiar to those acquainted with the pre-2021 standard, it brings some much-needed clarity to a complex issue that has led to extensive litigation in employment law. This article explores the key factors and challenges associated with the DOL's latest guidance, shedding light on the intricacies of worker classification.

Exciting news! The 2023 Form I-9 is here, sleeker than ever! It's gone from 2 pages to 1, with updates and an "E-Verify" box. But remember, simplicity is deceptive—there's a 146-page guide! Stay compliant and avoid penalties. Get it done with the new Form I-9!

Recent changes in Florida's driving regulations might affect a small percentage of drivers. As of July 1, 2023, specific licenses from VT, CT, DE, and HI may be considered invalid for driving in Florida. This largely affects licenses marked with terms such as "Not For Federal Identification" or "Not Valid for Identification." If stopped with one of these licenses, drivers may face criminal charges and potential penalties. However, these licenses remain valid for employment verification. The legality of this new law, possibly violating the US Constitution's Full Faith and Credit clause, remains under debate. If impacted, seek legal counsel or ensure you acquire a valid Florida license.

Stay informed about the latest updates in employment eligibility verification with the new Form I-9 for 2023. USCIS has made significant improvements, condensing Sections 1 and 2, enhancing mobile accessibility, and separating Preparer/Translator Certification and Reverification sections. Employers can now complete the Form using remote verification, streamlining the process.