Posts
August 30 2024
Client Alert: Federal Rule Limiting Tipped Employee Side Work Overturned
As hospitality employers are well aware, the U.S. Department of Labor (DOL) has long promulgated the “80/20 Rule” providing that in order to take the tip credit from a tipped employee’s wages, the tipped employee must spend at least 80% of their workweek performing tip-producing duties and no more than 20% on non-tipped duties. Further, since December 2021, the DOL’s updated “80/20/30 Rule” has also restricted the performance of non-tip-producing and “directly supporting” duties (collectively “side work”) to 30 consecutive minutes and restricted the employer from taking a tip credit for time spent on side work for more than 30 consecutive minutes and in excess of 20% of the workweek.
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August 22 2024
Client Alert: California Reforms the Private Attorney General Act
California recently enacted legislation significantly reforming the state’s Private Attorney General Act (“PAGA”), which permits individuals to pursue penalties for employer violations of the California Labor Code provisions on their own behalf and on behalf of other “aggrieved employees.”
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August 21 2024
Client Alert: Texas Court Permanently Blocks FTC Noncompete Rule
As expected, on August 20, 2024, a federal judge in Texas permanently blocked the Federal Trade Commission (“FTC”) rule banning most employee noncompetition agreements (the “Noncompete Rule”). The judge held that “the FTC lacks statutory authority to promulgate the Noncompete Rule, and that the Rule is arbitrary and capricious.”
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July 31 2024
Client Alert: Deadline to Remove NYC Dining Sheds Is This Saturday
Restaurants with outdoor dining sheds must either apply for New York City’s official outdoor dining program or remove their outdoor dining sheds in their entirety by Saturday August 3, 2024.
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July 24 2024
Client Alert: Pennsylvania Court Denies Preliminary Injunction of FTC Noncompete Rule
Less than two weeks after a Texas federal court declined to issue a nationwide preliminary injunction enjoining the Federal Trade Commission (“FTC”) rule banning most employee noncompetition agreements (the “Noncompete Rule”) from going into effect, except as to the plaintiff in that case, a Pennsylvania federal court refused to enjoin the Noncompete rule from going into effect.
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July 18 2024
Client Alert: California Supreme Court Eliminates “Two Strike” Rule For Employment Contract Unconscionability
In a watershed ruling for employers across the state, this week the California Supreme Court threw out the long-standing presumption against arbitration if an employment agreement contains multiple unconscionable terms. The Court rejected the often-applied “two strike” rule that employees need to establish only two unconscionable terms to escape a contractual obligation to arbitrate.
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July 11 2024
Client Alert: Pennsylvania Court May Enjoin FTC Noncompete Rule Nation-Wide After Texas Decision
As predicted, a Texas federal court issued a preliminary injunction preventing a Federal Trade Commission (“Commission” or “FTC”) rule banning most employee noncompetition agreements (the “Noncompete Rule”), from going into effect. However, the preliminary injunction applies only to the plaintiffs before that court. The court has promised a ruling on the merits by August 30, 2024, six days before the Noncompete Rule is scheduled to go into effect on September 4, 2024.
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June 14 2024
Client Alert: California’s Workplace Violence Prevention Plan
Beginning July 1, 2024, covered California employers must establish, implement, and maintain a written Workplace Violence Prevention Plan (“WVPP”) either as part of their Injury and Illness Prevention Plan, or maintained as a separate document.
Click here to read the alert.