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New Illinois law bans noncompetition agreements for low-wage workers

by Steven L. Brenneman The Illinois Freedom to Work Act, which will ban noncompetition agreements for low-wage private-sector employees, goes into effect on January 1. The law defines a “low-wage employee” as an employee who earns the greater of the applicable federal, state, or local minimum wage or $13 per hour. Therefore, the law initially […]

Junior Employees Owe Duty of Good Faith, Too

By Stephen Acker and Ariel Thomas Canadian employment law imposes a number of legal duties on employers and employees. One of the key duties is the duty of good faith. The duty of good faith requires employers and employees to act in each other’s best interests. It begins when employment does and can last until […]

HEART Act Provides New Employment Benefits for Military Personnel

President George W. Bush recently signed into law the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008, which provides the following employee benefit-related advantages to eligible military personnel and their families. Keep up with the latest changes in federal employment laws and regulations with the Federal Employment Law Insider Retirement plan requirements The […]

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Test for Classifying Workers is Shifting Away From ‘Economic Reality’

In May 2025, the Trump administration’s U.S. Department of Labor (DOL) published guidance saying that it would stop enforcing a Biden-era rule—one that had rescinded a rule created during the first Trump administration—on the factors distinguishing independent contractors from employees. Although the Biden-era rule remains “on the books” for now while the DOL considers replacing […]

New developments in Canadian law on gender identity and expression at work

by Clayton Jones In Canada, legislative developments continue to occur regarding the issues of gender identity and gender expression and have gained much attention in recent months. This is due in part to the increased acknowledgement of the challenges faced by transgendered people including in the workplace. One of the results is that employers are being […]

Did Maryland Employer Violate the FLSA?

By Richard J. Morgan, JD The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently addressed a case in which two tipped employees disputed the pay they received from their employers.

Retention: Why the Best Leave, How to Get Them to Stay

To retain your best employees, identify them, communicate with them, and find out what makes them leave. In so doing, you’ll find how to make them stay. Retention of trained employees has been a problem since they wrote the old song, “How You Gonna Keep’Em Down on the Farm,” but these days, it’s a particularly […]

Drug and Alchohol: Can We Implement a Random Drug Testing Policy?

We think that drug use in our company might be growing, and management wants to institute a broad, random testing policy with a zero-tolerance standard. I believe that random testing might be a privacy violation in California. Is it advisable to have a random testing policy, and if not, what do you recommend for curbing […]