DOL WHD Issues Field Assistance Bulletin (FAB) on Artificial Intelligence, FLSA, FMLA & more

This FAB reminds employers, "AI and the use of automated technologies for scheduling, timekeeping, and tracking employee location may undercount hours worked...Regardless of the technologies and systems used, employers are responsible for ensuring that they are paying employees for all hours worked under the law."

FTC Effectively Bans Most Existing and All New Non-Compete Agreements

If you currently use a non-compete agreement with any employee, except a "senior executive" it will soon be void and unenforceable. Moving forward, you will not be able to require any worker to enter into such an agreement.

Lawsuits have already been filed challenging the rule. So, what now?

SCOTUS Answers "What's an Actionable Level of Harm for a Title VII Claim?"

You transfer an employee from Job A to Job B. The employee thinks you are discriminating against her because of her sex in violation of Title VII of the Civil Rights Act of 1964.

If the job to which she was transferred is like the job she had, how significant must the harm be to establish a discrimination claim?

U.S. DOL Publishes Final Overtime Rule

On April 23rd, the DOL published its final rule increasing the minimum salary an employee must earn to be properly classified as exempt under the Fair Labor Standards Act (FLSA).

Effective July 1, 2024, an employee must earn a minimum weekly salary of at least $844 to be classified as exempt. That minimum will increase to $1,128 as of January 1, 2025. That represents a nearly 65% increase! Thereafter, the minimum salary will be reassessed every three years.

OFCCP Warns of AI & EEO Compliance

Coincidence? On the same day the DOL WHD published Guidance on employers' use of AI and compliance issues under the FLSA, FMLA and more - the OFCCP publishes its own.

The OFFCP Guidance is for Federal contractors regarding nondiscrimination in hiring involving AI and other technology-based hiring systems.