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Episode 179


Topic: 3 New Regulations Employers Need to Know

Guest: Jean Seawright, president, Seawright & Associates

In this episode we discuss:

  • Our sponsors Coalmarch by Workwave and PestSure

  • PMP Industry Insiders Peer Groups

  • The U.S. Department of Labor's new independent contractor rule

  • The six-factor test to determine whether a person is an employee or contractor

    • 1) Opportunity for profit or loss depending on managerial skill

    • 2) Investments by the worker and the potential employer

    • 3) Degree of permanence of the work relationship;

    • 4) Nature and degree of control

    • 5) Extent to which the work performed is an integral part of the potential employer’s business

    • 6) Skill and initiative

  • How the DOL will likely enforce the new rule

  • What PMPs should if they are working with contractors or subcontractors

  • Whether this new rule will withstand its legal challenges or could change under a new administration

  • The Chevron doctrine and how it could affect all of these federal regulations

  • The DOL's new overtime rule (aka the Salary Increase Rule for EAP-Exempt Employees)

  • How this rule is different from similar ones in the past

  • The new salary requirements and automatic increases

  • The final Federal Trade Commission noncompete ban rule

  • Whether nonsolicitations will go away as well

  • The role of noncompetes in M&A transactions

  • Legal opposition to the noncompete rule

  • Two more federal regulations to know about:

Resources mentioned:

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