After months of inactivity, the U.S. Federal Trade Commission (“FTC”) and the U.S. Department of Labor (“DOL”) both approved final rules that could potentially have massive impacts on employers across the country. Non-Compete Ban First, the FTC issued a final rule yesterday banning non-compete agreements nationwide.  The FTC estimates that the rule could impact around…

Yesterday, after much deliberation, the U.S. Equal Employment Opportunity Commission (EEOC) finally issued a final rule to implement the Pregnant Workers Fairness Act (PWFA).  After receiving over 100,000 public comments since proposing rules for the PWFA in August 2023, the final rule is scheduled to go into effect on June 18, 2024, unless delayed by…

EEOC guidance on harassment in the workplace For the first time since 1999, the Equal Employment Opportunity Commission (“EEOC”) recently proposed updating its Enforcement Guidance on Harassment in the Workplace, which provides EEOC staff with direction for investigating, adjudicating, and litigating harassment claims.  The proposed Guidance places an emphasis on sexual harassment but also covers…

On August 30, 2023, the U.S. Department of Labor (“DOL”) proposed a new rule, which, if implemented, would raise the Fair Labor Standard Act’s (“FLSA”) salary threshold for exempt employees and make more employees eligible for minimum wage and overtime premiums. The proposed rule addresses Section 13(a)(1) of the FLSA, which exempts certain white-collar salaried…

Physician recruitment throughout North Dakota can be a major challenge. International Medical Graduates (IMGs) play an important role in addressing this challenge. Immigration programs like the Conrad State 30 J-1 waiver program offer support to employers seeking to recruit an IMG physician. Employment lawyer KrisAnn Norby-Jahner asks her law partner and immigration lawyer, Michelle Scimecca,…

Major changes to the Minnesota Lawful Consumable Products Act (“CPA”) and the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”) will go into effect this week on August 1, 2023, in conjunction with the legalization of recreational marijuana in Minnesota. As Minnesota becomes the 23rd state to legalize recreational marijuana for adults, here is what…

The Pregnant Workers Fairness Act (“PWFA”) went into effect this week on June 27, 2023.  The PWFA, which applies to employers with 15 or more employees, requires employers to provide “reasonable accommodations” for a worker’s known limitation related to pregnancy, childbirth, or a related medical condition, unless the accommodation would cause the employer an “undue…

On May 16, 2023, the Minnesota Legislature passed SF 3035, which will make significant changes to various employment-related laws. The Governor is expected to sign the bill into law in the very near future, which would make the law effective July 1, 2023. Minnesota employers should be aware of three major components of SF 3035:…

As promised, today the U.S. Department of Labor (DOL) issued a proposed rule under the Fair Labor Standards Act (FLSA) on the misclassification of employees as independent contractors. The proposed rule would replace the Trump-era rule of 2021, which has made it easier for employers to classify workers as independent contractors rather than employees by…

On April 29, 2022, Minnesota Governor Tim Walz signed into law the Minnesota Frontline Workers Payments Act (“The Act”) to serve as a thank you by providing bonus pay for COVID-19 frontline workers. Those who were employed for at least 120 hours in Minnesota in one or more of the eligible frontline sectors (discussed below)…