Labor & Employment Developments Blog

The Department of Labor (DOL) announced on April 23, 2024, a final rule that expands the compensation threshold for exemption eligibility under the Fair Labor Standards Act (FLSA). On July 1, 2024, most salaried workers who earn less than $43,888 per year will become eligible for overtime pay under the final rule, which increases the salary threshold from $35,568 to $43,888 per year. This threshold will increase again on January 1, 2025 to $58,656 per year.

Yesterday, the Federal Trade Commission (“FTC”) announced its long-anticipated final rule finding that the vast majority of non-compete agreements constitute unfair methods of competition, and are thus invalid. An estimated 30 million employees are covered by non-compete agreements, representing nearly one in five U.S. workers. Thus, this announced rule has the potential to significantly impact the labor market, as well as cause a shift in employers’ business strategies.

In general, a whistleblower is someone who reports illegal, immoral or unethical behavior that is going on inside an organization. The reason why we in the employment law world care about this is because there are a great many laws that protect employees who “blow the whistle” on their employers. 

There are several common misperceptions about employment law that seem to persist over time - employment law myths if you will. In this episode, 5 common employment law myths are exploded.

While the OSHA Emergency Temporary Standard mandating vaccines for employers with over 100 employees has dominated the news, there are two other federal mandates that impact many employers: the federal contractor rule issued via executive orders and the Centers for Medicare & Medicaid Services (CMS) Rule applicable to medicare and medicaid recipients. In this episode, the current status of these rules will be discussed along with some thoughts on what employers should be doing right now to comply or prepare to comply with the rules.

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. Employment at-will is the default rule in almost every state. Where did it come from, what does it mean and what does it do for employers today?

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. You've probably heard about COVID-19 immunity laws being passed but how much protection do they really provide for employers?  Also, did you ever wonder where the phrase "You're fired" came from?

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. If you are planning a reduction in force (RIF) in the current business and legal environment, there are several factors to be considered.

On April 9, 2019, Kentucky Governor Matt Bevin (R) signed the Pregnant Workers Act, SB 18, which requires employers who have at least 15 employees in Kentucky to provide reasonable accommodations to employees for pregnancy, childbirth, and related medical conditions. The law becomes effective on June 27, 2019.

A common provision in employment agreements may no longer be enforceable, at least for employers in Kentucky.