On April 23, 2024, the Federal Trade Commission (the “FTC”) approved its final rule banning non-compete agreements, with some exceptions.  The FTC ruled that the use of non-compete agreements is an “unfair method of competition” in violation of Section 5 of the Federal Trade Commission Act (“FTC Act”).  The FTC initially proposed a rule banning the use of non-compete agreements in January 2023, receiving numerous public comments regarding the proposed rule.  The final rule, which becomes effective 120 days after the date of publication in the Federal Register, effectively bans all existing and future non-compete agreements for all types of workers, with exceptions described below. 
Phillips Nizer will provide further updates as developments occur. 

The United States Department of Labor (“DOL”) issued a final rule on April 23, 2024,  “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” revising certain salary thresholds under the Fair Labor Standards Act (“FLSA”).  The final rule has an effective date of July 1, 2024, with further delineated changes on January 1, 2025.

For background, the FLSA provides categories of employees that are “exempt” from overtime payments; relevant to the instant rule are the salary requirements for exemptions for executive, administrative, professional, as well as the highly compensated employees.

Effective Wednesday, November 22, 2023, the New York City Human Rights Law (“NYCHRL”) has been amended to prohibit discrimination based on height or weight in employment, housing, and public accommodations.  New York City now joins the following seven jurisdictions that include height and weight as classifications protected from unlawful discrimination and harassment:
 
(1) Binghamton, New York; (2) San Francisco, California; (3) Santa Cruz, California; (4) Washington, D.C.; (5) Urbana, Illinois; (6) Madison, Wisconsin; and (7) the State of Michigan.  Similar legislation presently is pending in New York State, New Jersey, Massachusetts, and Vermont.

As we get closer to 2024, employers should consider a review of employment practices and rules for the new year.  This is especially so given the National Labor Relations Board’s (“NLRB”) decision this year in Stericycle, Inc., 372 NLRB 113 (2023).  In Stericycle, the NLRB laid out a new legal standard for the evaluation of work rules, adopting a case-by-case review.  Stericycle overrules the categorical approach contained in The Boeing Co., 365 NLRB 154 (2017) and revises the standard in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), presenting a change to a more employee-friendly approach to the evaluation of work rules.

Effective September 17, 2023, New York employers with four or more employees must comply with certain statutory disclosure requirements when advertising for positions physically within and some outside the workplace or office.  The law applies to advertising for available jobs, promotions, and transfer opportunities.  “Covered employers” also includes employment agents, agencies, and recruiters regardless of size, excepting temporary help firms. “Advertise” is defined as “to make available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” 

New York, NY (August 22, 2023) – Phillips Nizer is pleased to announce that employment and labor attorney, David B. Feldman, has joined the firm as a partner in their New York office.  David represents clients in all areas of Employment and Labor Law, including wage and hour, fair employment practices, and executive compensation and agreements.