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Episode 121


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

Guest: Jean Seawright, president of Seawright & Associates

In this episode we discuss:

  • 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

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