Federal Trade Commission Blocked from Enforcing a Ban on Noncompete Agreements

Back in April of 2024, the Federal Trade Commission voted to adopt a ban on noncompete agreements, stating that such a ban was justified because noncompete agreements are an “unfair method of competition.” Texas filed suit in federal court challenging the ban, arguing that the FTC lacks authority to issue such a ban. The court agreed and in August of 2024 blocked enforcement of the ban nationwide. Since that time, on October of 2024, the FTC filed an appeal. Although an appeal is pending, employers can technically continue to enforce existing noncompete agreements against workers.

New Federal Law Allows More Exempt Employees to Receive Overtime Compensation

The new rule, which took effect on July 1, 2024, requires that any salaried workers who earn less than $43,888 (or $844 per week) are entitled to overtime pay for any hours worked beyond 40 hours per week. Under the new rule, the threshold will increase for the first time on January 1, 2025 and will be scheduled to increase every three years thereafter. On January 1, 2025, any salaried employers who earn less than $58,656 a year (or $1,128 per week) will be entitled to overtime pay. In creating a higher threshold, the Department of Labor estimates that approximately $4 Million previously exempt workers will be eligible for overtime pay.

California Employers Beware: Potential New Law Gives Employees the “Right to Disconnect.”

If you think California has been making it harder and harder for employers to operate in the state, you may have one more draconian law to deal with soon. California is proposing a new law which gives employees the right to disconnect from all communications from their employer during their non-working hours. The only exception where an employer can contact employees during their non-working hours is during an emergency or an immediate scheduling issue. If you run a business, you know that many unforeseen events and many questions arise during the course of a business day - some of which can be solved with one simple phone call or text. This potential new law does not create clear boundaries. Instead, it creates many more questions that have been left unanswered. It also fails to take into account the practical way in which businesses are run, how issues are resolved, and the situations in which employees have a chance to even work overtime hours.

Employers Cope with the Implementation of California’s $20 Fast Food Minimum Wage.

California’s mandatory $20 minimum wage for fast food workers is already changing the way fast food chains operate. Business owners could have predicted the immediate outcome of California’s infamous $20 fast food minimum wage: rapidly rising prices of fast food and the mass layoff of fast food workers was no surprise. The fallout in the California fast food industry has begun and we are only seeing inklings of the fast food industry’s future. For fast food restaurants and their owners, the simultaneous increase in the 1) worker’s hourly rate, 2) manager’s salary, 3) price of menu items, and 4) price in groceries can be a difficult (if not fatal) balancing act.

California Implements Last Minute Exemptions to the $20 Fast Food Minimum Wage.

After some confusion regarding the new $20 fast food minimum wage law, California created some last minute exemptions to help clarify which restaurants are required to pay the new minimum wage. However, the last minute exemptions are narrowly tailored, and the new minimum wage likely applies to most fast food restaurants in California. On a practical level, these narrow exemptions will likely have little impact on the cost of labor for employers. For example, if workers are doing the same jobs at both an airport McDonald’s and a stand-alone McDonald’s, there is little incentive for the workers to continue to work at the airport for less pay. Clearly, a pay increase will likely occur across all facets of the fast food industry.

California’s $20 Fast Food Minimum Wage is in Effect NOW and Applies Broadly to Most Fast Food Chains.

Most people are aware of California’s new $20 fast food minimum wage, but some are uncertain whether or not the minimum wage increase applies to their particular restaurant or shop- especially in light of the last minute exemptions signed into law. The phrases “fast food restaurant employee,’ “limited-service restaurant,” and “establishment” are defined in the new law. It is important to be certain whether or not your restaurant is required to pay broadly reaching $20 minimum wage or if you may fall into an exemption, which is discussed in a later blog.

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