Episode 179

5/30/24

Topic: 3 New Regulations Employers Need to Know

Guest: Jean Seawright, president, Seawright & Associates

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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:

  • The Pregnant Workers Fairness Act rule

  • Final EEOC Harassment Guidance
    

Resources mentioned:

• PMP Industry Insiders Episode 121 with Jean Seawright: HR Hot Topics

• PMP Industry Insiders Episode 28 with Jean Seawright: How to Recruit & Retain A Players
  

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