Uncategorized

Subscribe to Uncategorized via RSS

On June 3, 2026, in Secretary of Labor v. Comprehensive Healthcare Management Services, LLC, the U.S. Court of Appeals for the Third Circuit held that the Fair Labor Standards Act (FLSA) does not provide a cause of action for “overtime gap time” — compensation for non-overtime hours worked in a pay period when the employee has worked overtime. This decision extends prior Third Circuit law rejecting pure gap time claims under the FLSA and deepens a circuit split about the viability of overtime gap time claims under the FLSA. Employers with nationwide operations now have additional guidance on gap time claims under the FLSA but need to be aware of conflicting FLSA precedent and overlapping state law requirements to ensure wage and hour compliance.

Employers will soon be obligated to provide employees with severance benefits if they want to have an enforceable noncompete in Virginia and they also will be prohibited from entering into noncompetes with health care professionals, except in connection with the sale of a business. These obligations and several other new restrictions are part of Senate Bill 170 and House Bill 627, landmark legislation recently passed by the General Assembly and slated to take effect on July 1, 2026.

Once again, the H-1B cap filing season is upon us. The H-1B is a popular U.S. work visa available to highly skilled foreign nationals who are offered a qualifying position by an employer. This visa is also known as a “specialty occupation” visa because in order to be eligible for this visa category, the offered position must require a minimum of a bachelor’s degree in a specific field.

On January 5, the Federal Trade Commission (FTC) voted 3-1 to publish its Notice of Proposed Rulemaking, proposing a new rule that, if implemented, would bar employers from entering into noncompete agreements with their workers, and require employers to rescind existing noncompete restrictions with current and former workers. The proposed rule supersedes state laws that are less protective of employees, but keeps the state law that provides employees greater protection. The proposed rule excludes franchisees from the definition of “worker” and has a single, limited exception that applies to the sale of a business.

Reminder: HR Law Matters will be merging with Hiring to Firing, effective September 16. Our combined offering now has a deepened perspective to the ever-changing world of labor and employment law. Hiring to Firing will continue to be your go-to-resource on topics such as:

  • Discrimination, Harassment and Retaliation
  • Wage and

…

HR Law Matters will be merging with Hiring to Firing, effective September 16. Our combined offering now has a deepened perspective to the ever-changing world of labor and employment law. Hiring to Firing will continue to be your go-to-resource on topics such as:

  • Discrimination, Harassment and Retaliation
  • Wage and Hour

…