Drafting Enforceable Non-Competes

Danielle Barbour Wilson Danielle Wilson, Employment Law, Employment Relations Analysis and Advice, Labor and Employment

Non-competition agreements (also referred to as “covenants not to compete” or “non-competes”) are restrictive covenants used to limit the employment and business activities of former employees. They are used to prevent former employees from directly competing with employers after the employment relationship ends. Any agreement limiting the rights of any person to do business in North Carolina must be in …

December 1st Deadline to Comply with the U.S. Department of Labor’s Final Overtime Rule Stalled by Texas Judge

Danielle Barbour Wilson Danielle Wilson, Labor and Employment, Labor Law

A federal judge in Texas has entered a preliminary injunction temporarily blocking the final rule regarding overtime published by the U.S. Department of Labor (DOL) on May 23, 2016 (“the Final Rule”). The Final Rule raised the minimum salary for exempt employees from $23,660 to $47,476. While employers were originally required to comply with the new salary threshold (or begin …

EEOC Issues Enforcement Guidance on Retaliation and Related Issues

HumAdmin Danielle Wilson, Employment Law, Labor and Employment, Retaliation

In late August 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Retaliation and Related Issues, a sub-regulatory document that addresses the Commission’s interpretation of the law related to retaliation in the workplace. The enforcement guidance replaces previous guidance issued by the EEOC in 1998. As defined by the Commission in the enforcement guidance, retaliation occurs when …

Most Workers Are Employees According to US Department of Labor Interpretation

Danielle Barbour Wilson Danielle Wilson, Regulatory Agency Guidance

The Administrator of the Wage and Hour Division of the United States Department of Labor (WHD) recently issued a new interpretation regarding when workers are “employees” versus “independent contractors” under the Fair Labor Standards Act (FLSA). According to the Administrator, “most workers are employees under the FLSA,” thus are entitled to receive the minimum wage, overtime, and the other protections afforded under …