As we previously reported, D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law on January 11, 2021. The Act is one of the most restrictive (if not the most restrictive) non-compete laws in the country. Not only does the Act ban nearly all post-employment
Dominique Kilmartin
Significant Workplace Changes in Store Under the Biden Administration
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals that would significantly change the employment and labor law landscape. Bolstered by Democrat victories in the Georgia Senate runoff elections (and the resulting unified Congress, the first…
Wage and Hour Division Modifies Rules For FLSA’s Retail Sales Exemption
By Allan Bloom, Dominique Kilmartin & Rachel Philion on
On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or possibly having a retail concept for purposes of the Fair Labor Standards Act’s (FLSA) Section 7(i) overtime exemption for commissioned…
Cost-Saving Alternatives to Layoffs During the COVID-19 Pandemic
Due to the sudden economic turbulence resulting from the COVID-19 pandemic, employers have been exploring ways to temporarily reduce operating costs. Many employers are seeking alternatives to layoffs. Such alternatives may include reductions in pay and hours of work, furloughs and shutdowns of operations, and work share programs. The following identifies the legal and practical…
Second Circuit: Offers of Judgment on FLSA Claims Do Not Require Cheeks Review
By Allan Bloom & Dominique Kilmartin on
On December 6, 2019, a divided Second Circuit panel concluded that settlement proposals in accepted offers of judgment under FRCP 68 are not subject to judicial review and approval. Mei Xing Yu et al. v. Hasaki Restaurant Inc., No. 17-3888 (2d Cir. Dec. 6, 2019). The decision departs from the conventional view that settlements…