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.

New Year, New Minimum Wage

Minimum wage increases in 22 states. Some of the largest increases for an hour’s worth of work are found in Delaware, Hawaii, Illinois, Maryland, Nebraska, New Jersey, New York, and Rhode Island. These states increased their minimum wage by at least $1 or more, with some topping the charts at an increase of at least $2.00 an hour (i.e. Hawaii and Maryland).

Employers, Employment, Minimum WageKathleenFebruary 21, 2024minimum wage increase, minimum wage, employees, employer

California Employers Must Notify Employees That Their Non-Compete Agreements or Clauses are Void By February 2024!

California employers are tasked with new notice requirements! Employers must give notice to all current and former employees employed after January 1, 2022 whose contracts included a noncompete clause (or who were required to enter a noncompete agreement) that such clauses or agreements are void. This notice must be given to the employees by February 14, 2024. The notice has to be individualized for each employee, in writing, and shall be delivered to the employee’s or former employee’s last known address and email address. This is a significant task and employers should plan their compliance ahead of time.

Update: McDonald’s Confirms that California’s $20 Minimum Wage Will Lead to Increase in Menu Prices (and Possibly More Changes).

Fast food franchisees confirm that they will be increasing menu prices to offset the staggering increase in labor costs due to California’s new $20 minimum wage for all fast food workers. However, the California legislature, in establishing California’s new fast food worker minimum wage, may have failed to deliver high wages to California fast food workers. If the menu prices increase significantly, the fast food workers may find that their higher wages do not significantly increase their buying power at their own workplace- and perhaps in other areas of their life. In addition, if fast food franchisees choose to go fully automated and not hire employees, there are no higher wages for these workers because there will be no wages at all.

California's Controversial and Unprecedented New Law Creates "Selective" Minimum Wage For Fast Food Workers and Council to Oversee Franchise Owners.

California has enacted a new law that creates a “selective” minimum wage by creating a minimum wage only for fast food workers. In the span of less than seven months, California fast food workers will receive a $4.50 per hour pay increase. In January of 2024, all other California employees working for minimum wage will receive a pay increase of a mere $0.50 per hour. Fast food employees are clearly receiving a windfall, and fast food employers will now be forced to deal with added rules, regulation, and oversight due to the creation of the fast food council.

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