On April 25th, 2024, the Federal Register published a new final rule from the Employee Benefits Security Administration, within the Department of Labor, regarding when a person is a fiduciary within the scope of the Employee Retirement Income Security Act (ERISA).  The rule was published by the Department of Labor (DOL) on April 23rd, 2024.  ERISA imposes special duties to those who are “fiduciaries”, people who provide advice on investment in exchange, including those who do so for compensation. The new ERISA rule eliminates some exemptions for those providing advice on a limited or one-time basis.

On May 7th, 2024, the Federal Register published new final rules from the Federal Trade Commission (FTC) banning non-compete agreements from being enforced for non-senior executives, and banning the creation of new non-compete agreements.

The U.S. Department of Labor (DOL) published the new final rule governing overtime pay eligibility for workers under the federal Fair Labor Standard’s Act (FLSA).  The rule governs the minimum salary threshold for being an exempt worker.  As of July 1st 2024, the threshold will be $43,888, up from $35,568. The exemption threshold will rise again to $58,656 on January 1st, 2025.

On April 29th, 2024, the Equal Employment Opportunity Commission (EEOC) issued a new final guidance on harassment in the workplace.  The rule in intended to provide guidance to employers on how to prevent harassment, stating legal standards regarding employer liability if a worker faces discrimination or harassment in the workplace.

The EEOC Chair Charlotte A. Burrows stated: “Harassment, both in-person and online, remains a serious issue in America’s workplaces. The EEOC’s updated guidance on harassment is a comprehensive resource that brings together best practices for preventing and remedying harassment and clarifies recent developments in the law,”.

On March 15th, 2024, Schneider Wallace Cottrell Konecky LLP filed a lawsuit in the Northern District of California against John Muir Health and its Board of Directors.  The complaint alleges that John Muir Health violated their fiduciary duties under the Employee Retirement Income Security Act (ERISA). 

On March 25, 2024, the Supreme Court for the state of California ruled that time spend in security checks on the premises of employers must be paid to hourly workers.  Security check time is one of the more common ways in which employers have workers work off the clock, along with other common examples such as working during a break or lunch, or having to put on or remove safety equipment.