Federal Ban on Non-Compete Agreements Coming On January 5, 2023, the Federal Trade Commission proposed a RULE that would essentially ban all employee non-competes, such as restrictive covenants that contractually prohibit an employee from competing against a former employer. The FTC explained that “non-competes constitute an unfair method of competition and...
JOB POSTINGS – PAYSCALE DISCLOSURE Epps & Coulson, LLP previously updated California employers (for 15 or more employees) of the requirement to include pay scale information in job postings. That law went into effect on January 1, 2023. The law did not state whether the pay scale should include expected...
ARBITRATION CLAUSES – ARE THEY ENFORCEABLE? Business owners, employers, vendors, all of us often use or are confronted with an arbitration clause in agreements. Busy judges typically enforce the provision and send disputing parties to arbitration, instead of the courts. But what if an arbitration provision is added to an...
EMPLOYERS 2023 - Are You Prepared? Epps & Coulson, LLP wishes all of our clients a Happy, Healthy and Prosperous New Year 2023. California enacted new laws that affect employers. We already updated you on the Minimum Wage increase [article], which increased it to $15.50/hour (or more, depending on local...
PART 2: Employer Internal Investigations An employer can be held liable for sexual harassment by a supervisor unless the employer can prove that it exercised care to prevent harassment and took steps to investigate complaints. Once reported, an internal investigation can make or break the employer’s defenses for litigation. In...
Employer Internal Investigations – Are They Confidential? Many employers get a complaint about an employee or some wrongful conduct and immediately launch into an investigation. Even more, when investigating, the employer often confirms to other employees that what the employee or witness says will be kept confidential. But, will it?...
Exempt Employees: What Deductions Are Permitted, Prohibited? The Federal Fair Labor Standards Act (“FLSA”) requires employers to pay most employees overtime pay for all hours worked in excess of 40 in a workweek (some states require overtime in additional situations). The FLSA allows for exemptions from the overtime requirement for...
BANKRUPTCY DOES NOT PROTECT EMPLOYERS FROM WARN ACT EMPLOYEE LAYOFF NOTICE REQUIREMENTS When operating companies file bankruptcy, it often precipitates employee layoffs. Employers should know about the notice obligations (we’ve posted about them before – or just call us). As a recap, the federal WARN Act requires employers to notify...
EEOC RELEASES UPDATED “KNOW YOUR RIGHTS” POSTER The U.S. Equal Employment Opportunity Commission (“EEOC”) has released an updated poster (“Know Your Rights”) that federal nondiscrimination laws require employers to display. Covered employers with 15 or more employees must post the new version as soon as possible. Employers covered by federal...
Your Employee Has a Side Job An estimated 57 million Americans are pursuing side jobs and that number is growing. Employees have a right to do what they want when not working, however, side jobs are a stressful and controversial issue for employers. Working a second job may be just...