On Jan. 5, 2023, the Federal Trade Commission (FTC) announced a slate of proposed rulemaking. Of interest to employers in particular is a proposed rule that would completely ban the use of non-competition or non-compete agreements, which prevent employees from working for a competitor or starting a competing business. Typically, these agreements often last months or years and are limited to a certain geographic scope. The FTC noted that it believes non-compete agreements often have the effect of lowering workers’ wages.
On March 11, 2021, the Department of Labor (DOL) announced two Notices of Proposed Rulemaking (NPRM) to rescind the previous administration’s joint employer and independent contractor rules.
Continue Reading Biden administration DOL proposes rescinding Trump-era joint employer and independent contractor rules
New developments related to joint employer liability have arisen since our blog article posted on April 4, 2019. In that post, we discussed the proposed rule to narrow the definition of a “joint employer” under the Fair Labor Standards Act (FLSA). Following a review and comment period, in Jan. 2020, the U.S. Department of Labor (DOL) announced a Final Rule, adopting the rule as proposed which then became effective in March 2020.
Continue Reading Joint employer rule, now disjointed