In late 2022, the U.S. Department of Labor (DOL) proposed to reinstate its multi-factor “economic reality” test to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). In doing so, the DOL...
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, could potentially invalidate and largely prohibit the use of employee non-competes in the U.S. Currently, some estimate that non-compete agreements bar about 30...
On December 14, 2022, the Securities and Exchange Commission (SEC) adopted amendments to Rule 10b5-1 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Rule 10b5-1 provides an affirmative defense to insider trading liability for individuals...
To ensure workforce safety and security, many employers routinely conduct background checks on candidates for employment. However, these seemingly protective actions can expose employers to significant litigation risk if done incorrectly. In fact, if you are thinking...
The Freelance Isn’t Free Act (the “Act”) was passed by the Legislature in June of 2022 and vetoed by the Governor in December of 2022. We have deleted the balance of this post.
Beginning as of Saturday January 22, 2022, the Department of Homeland Security will require that individuals, who are not U.S. citizens, permanent residents (green card holders) or U.S. Nationals, must show proof of being fully vaccinated against COVID-19 when they...
