The attorneys at Morningstar Law Group are leaders who are frequently asked to share their legal insights and expertise. Here is a sampling of the wisdom our attorneys are sharing at industry conferences, in published articles, and at continuing legal education events.
Insight
Increased Salary Thresholds for Exempt Status Expected April 2024
February 20, 2024
The Fair Labor Standards Act (FLSA) requires that executive, administrative and professional positions meet a salary threshold (in addition to duties tests), to be considered exempt from the minimum wage and overtime requirements of the FLSA. Highly compensated employees are exempt if they meet a salary threshold, regardless of their duties. In 2023, the United […]
Insight
Employment Law Alert: "Materially Significant Disadvantage” No Longer Required for Race or Gender Discrimination Claims (Muldrow v. St. Louis)
September 5, 2024
In April of this year, the Supreme Court issued a highly anticipated decision, resolving a circuit split and clarifying the level of harm required to prove a Title VII discrimination claim. It is well established that to prevail on a Title VII discrimination claim, an employee must plead and prove some harm related to the […]
Insight
Employment Law Alert: FTC’s Non-Compete Ban Stayed by Court
August 7, 2024
On May 7, 2024, the Federal Trade Commission (FTC) published its highly anticipated and contentious edict on non-competition covenants (the “Final Rule”) in the Federal Register. Federal Trade Commission, 89 FR 38342. The rule, which bans all new non-competes and makes existing covenants invalid unless in the case of a senior executive or a bona […]
Insight
Employment Law Alert: New Rules for Worker Classifications
July 3, 2024
2024 has brought significant changes to the standards for classifying workers as exempt employees or independent contractors, avoiding minimum wage and overtime requirements. Higher FLSA Salary Level Thresholds for Exempt Employee Status – Effective July 1st As of July 1, 2024, substantially more employees became eligible for minimum wage and overtime requirements as a result […]
Insight
Employment Law Alert: DOL Updates / Revises Fair Labor Standards Act (FLSA) Regulations
May 13, 2024
The Department of Labor (DOL) has updated and revised Fair Labor Standards Act (FLSA) regulations concerning exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees, resulting the expansion of overtime pay eligibility to more employees. Final Rule – 29 CFR 541 What’s New? To be considered non-exempt […]
Insight
Employment Law Alert: FTC Issues Long Awaited Final Rule on Non-Competition Covenants
April 26, 2024
Earlier this week, the Federal Trade Commission issued its long-awaited final rule on non-competition covenants. Federal Trade Commission, 16 CFR Part 910 No New Non-competes: In short, the final rule is a comprehensive ban on new non-competes with all workers at all levels (including employees, independent contractors, interns, volunteers, etc.), effective 120 days after publication […]
Insight
John Kivus' Article on AI & Copyright Just Published by the UNC Journal of Law and Technology
April 8, 2024
The UNC Journal of Law and Technology (JOLT) just published John Kivus’ detailed article Generative AI and Copyright Law: A Misalignment That Could Lead to the Privatization Of Copyright Enforcement. The article is a well-rendered deep dive into US copyright law, its recent history in the courts, and the complex implications of how generative AI can […]
Insight
FTC and DOJ Urge Exemptions from DMCA Restrictions
April 4, 2024
Copyright Law Update by Mitch Tuchman Chances are you know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is more, however, with provisions scattered throughout the Copyright Act (the “Act”) addressing many copyright […]
Insight
Understanding the Benefits, and Pitfalls, of North Carolina’s System Development Fees
March 12, 2024
While the development of real property creates numerous benefits for a community—from increased tax revenue to affordable housing to new business ventures—municipalities often are concerned about the possible burden new development may have on existing infrastructure. One way that the North Carolina General Assembly has addressed this concern is by creating “system development fees” which […]
Insight
Employment Law Alert: USDOL Proposed Rule Adds to Employers' Q4 To-Do Lists
September 5, 2023
Last week, the U.S. Department of Labor announced its proposed rule raising the salary threshold required for employees to qualify as overtime-exempt, from $684 per week ($35,568 per year) to $1,059 per week, about $55,000 per year. Read the US DOL News Release HERE. Upon publication in the Federal Register, the notice of proposed rulemaking […]
