DOL releases final worker status rule
The Department of Labor issued its long-awaited final worker status rule. The final rule adopts the proposed rule with few changes. The new rule becomes effective March 11. At the outset, let's be clear about what this rule doesn’t do:
It doesn’t affect the IRS' worker status test.
It doesn’t codify the ABC test, which states (not the IRS) use to test workers' status.
It doesn't affect any other federal agency's definition of employees and independent contractors. But remember, under the various Memoranda of Understanding, other federal agencies may forward questionable classifications to the DOL.
Clamping down on greenwashing
Climate change poses risks to businesses, stakeholders and individuals. Organisations are increasingly promoting their sustainability and green credentials in a move to reduce their impact on the environment and attract staff and stakeholders, but overstating their position is problematic and may result in allegations of greenwashing.
Perfect illustration of religious accommodations post-Groff ruling
Elimelech Shmi Hebrew is a devout follower of the Hebrew Nation, a religion that requires its followers to keep their hair and beards long-a vow he has kept for over two decades. In 2019, Hebrew was hired by the Texas Department of Criminal Justice to work as a corrections officer.
All change for non-compete clauses?
The government announced in May 2023 that it intends to limit the enforceability of non-compete clauses to three months after the last day of employment. Non-compete clauses are a type of restrictive covenant commonly used by businesses to prevent leaving employees from working for a competing business.
How seriously should employers take 'heat of the moment' resignations?
An employee who has properly given notice of termination of employment has no right to unilaterally withdraw it. However, case law has established there may be special circumstances that can vary this rule, including where resignations are made in the heat of the moment.