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
Client Alert: What to Know about Your Entity Reporting Obligations
December 10, 2024
Note: The summary below includes information about the Corporate Transparency Act. On December 3, 2014, a US District Court in Texas issued a preliminary injunction that prohibits the US federal government from enforcing the CTA. As the (currently unenforceable) January 1, 2025 filing deadline approaches, the ultimate enforceability of this requirement faces continued uncertainty, and […]
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
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 […]
Insight
Employment Law Alert: Possible Change to US DOL Overtime Rule
July 21, 2023
Change: A new salary threshold for exemption from federal minimum wage and overtime requirements is likely to take effect late this year or early next year. The new rule is expected to increase the salary threshold for most exempt employees from the current level of $35,568 per year to somewhere in the range of $46,800 […]
Insight
For World IP Day, Partner Richard Caira Shares Thoughts on IP Challenges & Developments
April 26, 2023
What are the main challenges in the field of intellectual property law in the current global landscape? As the metaverse expands and becomes more prevalent in our society, it is important to approach the concept of it as being “real” from a legal standpoint. While the metaverse may exist in the virtual world and whether […]
