The Department of Labor (the “DOL”) recently issued a new rule establishing a six-factor test to determine if a worker is properly classified as an employee or an independent contractor under the Fair Labor Standards Act (the “FLSA”). If properly classified as an independent contractor, the worker is not entitled to various employment-related protections (e.g.,… Read More »
On April 23, 2024, the Federal Trade Commission, by a vote of 3-2, issued its final rule effectivelybanning (with limited exceptions) non-compete agreements. KEY POINTS The Final Rule What agreements are covered? The rule defines a “non-compete clause” as a term or condition of employment that prohibits a worker from, penalizes a worker for, or… Read More »
Corporate Transparency Act Almost every business entity registered with a state (whether as an LLC, corporation, or otherwise) is required to complete and file a Beneficial Ownership Information Reporting (BOIR) form with the federal government. Reporting Process A copy of the current BOIR form is attached for reference. The form must be submitted online at… Read More »
Effective October 1, 2018, construction general contractors will be jointly and severally liable for the failure by subcontractors to pay their employees in accordance with Maryland’s wage and hour law. This newly-imposed liability is significant. Under existing Maryland law, an employer that fails to pay its employees by Maryland’s wage and hour laws may be… Read More »