Hunton Retail Law Resource

On June 17, 2024, the U.S. Supreme Court agreed to take up a wage and hour case, E.M.D. Sales, Inc. v. Carrera, to address a circuit split regarding the standard of proof that employers must satisfy to show that employees are exempt from the minimum wage and overtime requirements under the Fair Labor Standards Act (“FLSA”).

In January 2023, the FTC announced a proposed rule that would ban employers from imposing noncompetes on employees. After collecting over 26,000 public comments during the 90-day notice and comment period, the FTC announced a special Open Commission Meeting set to take place on Tuesday, April 23, 2024 to discuss the implications of the proposed rule. While closed to public comment, the public is still able to view the meeting via webcast. 

On April 1, 2024, California’s Assembly Bill No.1228 (“AB 1228”) took effect, making the state’s fast food workers the highest paid in the United States. However, uncertainty regarding precisely who is covered under the new law has left some employers reeling, as the stakes for complying with California’s Labor Code remain as high as ever.