3/30/23
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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