The Fair Labor Standards Act (FLSA) was passed in 1938. For the past 86 years, employers have tried to circumvent its requirements, and for the past 86 years, they’ve failed. A very recent attempt was here in Texas.

The 2023 and 2024 legislative landscape witnessed a surge in states and cities implementing diverse pay transparency requirements. Despite the progress in recent years in reducing the wage gap, gender pay disparities persist, with current studies indicating that women—particularly women of color—earn only 84 cents for every dollar earned by men. Pay transparency laws aim to rectify these disparities by providing salary and other benefit information to applicants during the hiring process. This additional information is intended to equip applicants with the tools to negotiate compensation, which theoretically may reduce the gender wage gap. In response to this trend and the intent to further address the gender wage gap, several states have introduced varying levels of pay transparency regulations.

What is considered compensable time during the onboarding process under the Fair Labor Standards Act (FLSA)—for example, time completing paperwork before the start date as well as time reviewing policies and procedures and completing training?

On April 23, 2024, the Federal Trade Commission (FTC) voted, 3 to 2, to ban nearly all noncompete agreements. The ban is scheduled to become effective on September 4, 2024. Whether the rule will become effective remains an open question because it is already subject to litigation from various business groups, including the U.S. Chamber of Commerce, claiming the FTC doesn’t have the authority to issue the rule.

Many companies, especially in the technology sphere, will provide their employees with options to buy stock at a predetermined exercise price. This is an opportunity to grow with the company and eventually sell the options for a significant profit if or when the company undergoes an initial public offering (IPO). Many employees sacrifice higher wages in exchange for stock options. However, a recent court decision has confirmed that stock options are not wages in the context of a retaliatory/wrongful termination claim.

The Federal Trade Commission’s (FTC) noncompete rule deals a death blow to traditional noncompete agreements. Assuming challenges are unsuccessful, the rule will go into effect in August and will negate all existing noncompete clauses, with a few exceptions. For many employers, the rule will remove a significant hedge against competition. However, nondisclosure provisions, which aren’t banned under the rule, can still provide valuable protection against unfair competition if worded carefully.

Many employers offer benefits to their full-time employees that they don’t offer their part-time employees. But when employees work part-time some weeks and full-time other weeks, determining their status for benefits purposes can be tricky. Fortunately, we have some helpful advice