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Each month, Mployer Advisor collects and presents some of the most relevant and most pressing recent changes in law, compliance, and policy in areas related to employee benefits, health care, and human resources.
A federal judge in Texas issued a ruling on August 20, 2024 that currently applies nationwide and overturns the FTC’s rule banning non-compete agreements.
The judge indicated that the ban is too broad and that the FTC is limited to challenging unfair competition on a case-by-case basis but lacks the authority to issue a blanket ban and the evidentiary basis to justify such a ban were it permitted..
The FTC has until the latter part of October to appeal the decision, but the non-compete ban will likely remain unenforceable in the meantime.
That said, other cases addressing the non-compete ban are working their way through other federal districts, and should one of those cases rule differently, these issues may get fast tracked for resolution by the US Supreme Court.
On August 23, 2024, the Fifth Circuit Court of Appeals overruled the Department of Labor’s 80/20/30 rule for tip credits.
As a result, employers no longer need to distinguish between tip-producing and tip-supporting work when calculating tip credits.
It is important to note that this ruling only applies to the federal DOL rule, and does not affect any state or local labor rules regarding minimum wage and/or tip credits.
You can read more about the 80/20/30 rule being vacated here.
Though election day is still just over 60 days away, voting for some eligible Americans begins at the end of this week.
As an advanced reminder, employers in California, New York, and Washington DC are all required to post conspicuous notices in the workplace informing employees of their voting rights, which can differ by state and municipality.
You can find the California notice here.
You can find the New York notice here.
You can find the Washington DC notice here.
Check back next month for additional voting leave information by state.
US Citizenship and Immigration Services have extended the expiration date of the latest updated version of the I9 form issued on August 1, 2023. I-9 forms are used for employment eligibility verification.
The expiration date for these forms has now been extended to May 31, 2027, but forms listed with the previous expiration date of July 31 2026 must be used or updated by the date of expiration listed on the form.
You can read more about the I-9 form expiration date extension here.
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