Episode 121

3/30/23

Topic: HR Hot Topics: Noncompetes, Independent Contractors & Exempt Employees

Guest: Jean Seawright, president of Seawright & Associates

Background on the Federal Trade Commission’s proposed rule to ban noncompete clauses for all workers, including a presidential executive order to eliminate noncompetes
- The definition of noncompetes, nonsolicitations and nonrecruits
- How if it goes into affect, it would rescind all current noncompetes and would preempt all state noncompete laws and regulations
- The importance of noncompetes in M&A deals
- How the status of the proposed rule and how the comment period was extended to April 19
- The potential for legal challenges on the rule
- How the Workforce Mobility Act of 2023, introduced in the Senate on Feb. 1, has a similar provision for doing away with noncompetes
- What pest control and lawn care company owners should be doing in response
Background on and status of the Department of Labor final rule pertaining to independent contractors
- How an employer will determine if a worker if an employee or independent contractor going forward under the new proposed rule
- The six-factor test that will be used to determine who's an employee
- What pest control and lawn care company owners should be doing in response to the proposed independent contractor rule
Background on the DOL’s proposed rule to increase the guaranteed salary level for white-collar exempt employees
- Which workers this rule would apply to
- How high the salary level could be if enacted