On August 20, 2024, however, Judge Ada Brown of the U.S. District Court for the Northern District of Texas enjoined the implementation of the Noncompete Ban, meaning that it will no longer take effect on September 4, 2024 (or at any point thereafter, unless there is a successful appeal of Judge Brown’s ruling). In particular, Judge Brown found that the FTC lacked authority to issue substantive rules related to unfair methods of competition, which importantly includes the Noncompete Ban. This ruling returns employers to the status quo, allowing for enforcement of noncompete agreements according to current state-specific frameworks.

Should you have any inquiries or seek clarification on this matter, please do not hesitate to contact us.

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Here are the major takeaways:

White Collar Exemptions

• The standard salary level for the FLSA’s White Collar exemptions will increase from $684 per week to $844 per week (or $43,888 annually) on July 1, 2024.
• Six months later, on January 1, 2025, the standard salary level will increase to $1,128 per week (or $58,656 annually for a full-time worker).

HCE Exemption

The HCE total annual compensation level will increase from $107,432 per year to $132,964 per year on July 1, 2024, and then to $151,164 per year on January 1, 2025.

• Pursuant to the Rule, if an employee’s total annual compensation does not total at least $132,964 by the last pay period of the 52-week period, the employer can make up the difference by making a one-time payment to achieve the required level no later than the next pay period after the end of the year.
• Up to 10% of an employee’s salary amount may be satisfied by the payment of nondiscretionary bonuses, incentives, and commissions, that are paid annually or more frequently. 

Other Takeaways

• The salary thresholds will be updated every three years beginning July 1, 2027, based on current earnings data. The “current earnings data” is determined by “the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region (currently the South).”
• The Rule does not change any of the duties tests associated with the White Collar exemptions. 
• The Rule does not apply to exempt employees in the U.S. territories of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. 
• The salary thresholds do not affect any workers in named occupations who are not required to pass the salary requirements including: physicians, lawyers, teachers, academic administrative personnel, educational administrators, and outside sales workers. Accordingly, these employees’ exemption status remain unaffected by the Rule.  

In light of the Rule, employers will need to reevaluate their exempt employees and confirm these individuals will earn the new threshold amounts required by the Rule.  Employers should consider whether their existing exempt workers’ salaries require increases. Otherwise, these individuals will no longer be considered exempt employees and will be entitled to overtime pay. Due to the time associated with analyzing these issues, employers should immediately take the necessary steps to ensure compliance by July 1, 2024.  

The post Client Alert: DOL Issues Final Rule on Amendment to FLSA Exemptions appeared first on Weiss Serota Helfman Cole + Bierman.

The plaintiff, who served as the City’s former Director of Technology Services, alleged he was constructively discharged, claiming it was in retaliation for an Ethics Complaint he filed against the Mayor in 2021. However, the WSHC+B team presented compelling evidence that the plaintiff’s resignation was voluntary, highlighting that he had been seeking other employment opportunities well before his resignation in 2021. This key argument, prepared and argued by Lindsay Massillon with Erica Hausdorff’s support, effectively dismantled the plaintiff’s claims.

This win for the City prevented a complex and potentially disruptive trial, saving the Mayor and Council from being called as witnesses. 

Congratulations to Lindsay Massillon for drafting and arguing the Motion on behalf of the City, as well as Erica Hausdorff for her assistance throughout this case. 

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Under the Safety in Private Spaces Act, a covered entity that maintains a restroom and/or changing facility, must at a minimum, have a restroom and/or changing facility designated for exclusive use by females and for exclusive use by males. The Act defines a person’s sex as, “indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.” A covered entity may have unisex restrooms and changing facilities, though it must only be intended for a single occupant or a family. In a unisex restroom, a covered entity will be required to ensure that the restroom is enclosed by floor-to-ceiling walls and is accessed by a full door with a secure lock that prevents another individual from entering while being used. 

The Act provides the following limited circumstances for a person to enter a restroom or changing facility designated for the opposite sex:

• To accompany another person to chaperone a child under the age of 12;
• To accompany an elderly or disabled person, as defined by Florida Statutes Section 825.101 and 760.22;
• For law enforcement purposes; 
• For emergencies (medical or otherwise); and
• For custodial, maintenance, or inspection purposes.

Under the Act, the applicable governmental entity for each public building under its jurisdiction will need to establish disciplinary procedures for any employee of the governmental entity who unlawfully enters a restroom (employee restroom or public restroom) or changing facility and refuses to depart when asked to do so. A person who unlawfully enters a restroom or changing room in a public building and refuses to depart when asked to do so by an employee of the governmental entity for the public building will have committed the criminal offense of trespass as provided by Florida Statute Section 810.08. On July 1, 2024, members of the public will be permitted to submit complaints to the Attorney General relating to covered entities that fail to meet the specific requirements under the Act. 

A covered entity that fails to comply with the requirements of the Act is subject to penalties and to licensure or regulatory disciplinary action, as applicable. The penalties detailed in the Act include the Attorney General bringing a civil action to enforce the Act against any covered entity beginning on July 1, 2024. Specifically, the Attorney General may seek injunctive relief. If a covered entity is found to have willfully violated the Act, the Attorney General may seek to impose a fine of up to $10,000.  

The following covered entities will be required to submit documentation to its applicable governing body detailing their compliance with the Act within one year after being established, or if such covered entity was established before July 1, 2023, then no later than April 1, 2024:  

• Correctional institutions; 
• Detention facilities; 
• K-12 educational institutions or facilities;
• State universities;
• Postsecondary educational institutions or facilities; and
• Juvenile correctional facilities or juvenile prisons. 

We anticipate that the constitutionality of the new law will be challenged pursuant to the Equal Protection Clause of the Florida Constitution. Nonetheless, all covered entities should be prepared to comply with the provisions in the Act beginning on July 1, 2023. 

Should you have any questions about the Safety in Private Spaces Act, please feel free to contact any member of our Labor and Employment team.

The information contained in this document does not constitute legal advice

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Miami, FL – Weiss Serota Helfman Cole + Bierman’s (WSHC+B) continues to expand its roster of talented attorneys throughout South Florida. The firm recently welcomed six new attorneys, including five associates and one of counsel.

• Daniela Cimo is based out of the firm’s Miami office and part of the firm’s Government Division, where she focuses her practice on representing governmental entities in land use, zoning, real estate, affordable housing and general governance matters. Prior to joining the firm, Cimo served as a staff attorney in the Community Economic Development Unit at Legal Services of Greater Miami, Inc. There, she represented nonprofit and small business clients on a broad range of issues and provide guidance on general governance, commercial, and compliance matters. She earned her J.D., cum laude, from the University of Miami School of Law.
• Fabio Giallanza is a corporate and real estate attorney in the firm’s Miami office. He represents businesses and investors in the acquisition and financing of property, along with business transactions and corporate matters. Giallanza specializes in cross-border transactions involving clients based in the United States, Europe and Latin America. Prior to joining the firm, he practiced at a South Florida law firm, where he assisted foreign investors and entities with structuring inbound U.S. investments. He also represented purchasers and sellers of commercial and residential property, advising them as to complex FIRPTA questions and providing assistance with title issues and corporate documentation for foreign clients. Giallanza earned his J.D., magna cum laude, from Nova Southeastern University, Shepard Broad Law Center.
• Erica Hausdorff, based out of the firm’s Boca Raton office, is an associate in the Litigation Division and focuses her practice on the representation of public and private entities in connection with employment matters. Prior to joining the firm, Hausdorff practiced at a law firm in South Florida where she focused on litigation matters, such as first-party property litigation and insurance defense. She received her J.D. from Florida International University College of Law.
• Amelia Jadoo is Of Counsel in the firm’s Government Division. She is located in its Boca Raton office and has more than 15 years of experience in business and government practice. Jadoo advises and counsels government entities and organizations on a variety of issues relating to Sunshine laws, Public Records Act, ethics, code enforcement, contracts, land use, zoning, landlord/tenant disputes, among other subjects. Prior to joining the firm, Jadoo was Assistant County Attorney for Dakota County in Minnesota, where she advised the County and its various departments and employees on a wide variety of legal issues related to data privacy, cybersecurity, corrections, employment, eminent domain/condemnation, collections, contracts, risk management, law enforcement, jails, firearms, and juveniles. Jadoo received her J.D. from William Mitchell College of Law
• Scott Mullin joined the firm as a litigator in its Boca Raton office. Prior to joining WSHC+B, he worked as a litigation attorney and clerk at two Florida firms, where he drafted motions, pleadings, discovery and assisted with client communications. Mullin also assisted in preparation for trials and key hearings, depositions, mediations and arbitrations. While in law school, he served as the Editor-in-Chief of the New York Real Property Law Journal. Mullin earned his J.D. from St. John’s University School of Law.
• Markenson Pierre is based out of the firm’s Fort Lauderdale office and is an associate in the Litigation Division. His practice encompasses a broad range of experience, including defending class and collective action, representing employers in employment and labor disputes, complex commercial litigation and representing local governments in federal civil rights actions. He has also represented state and federal court-appointed receivers in government enforcement actions brought by the SEC, CFTC and FTC based on securities and commodities fraud and related asset recovery litigation. Prior to graduating from the University of Alabama School of Law, Pierre was a Logistics Officer in the United States Army for six years and completed a combat tour in Iraq, for which he was awarded the Meritorious Service Medal and the Army Commendation Medal.

“We’re thrilled to welcome such a talented group of attorneys to the firm,” said Mitch Burnstein, Partner and Firm Managing Director at WSHC+B. “These six attorneys will enhance many practice areas across our offices in South Florida. We are delighted to provide new opportunities for attorneys now and as we continue to grow.”

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