If there's one thing employers can be sure of from one year to the next, it's that the laws and regulations governing their workplace and workforce are likely to change and develop, at least to some extent. Whether big or small, for better or worse, through legislation or litigation, change is inevitable, and keeping up with these ever-evolving laws is no easy task. To help employers navigate and prepare for some potential changes coming this year, below we highlight some of the major cases and legal developments employers should watch in 2023.

Non-Compete Agreements Could Face More Scrutiny with Efforts by the FTC

As we previously wrote here, the Federal Trade Commission (FTC) announced a new proposed rule on January 5, 2023 that, if enacted, will have wide-ranging implications for employers and their use of non-compete agreements. The proposed rule is still in its early stages, and understanding the implications (if any) for employers that could arise from the FTC's proposed rule will require waiting out the rulemaking process. However, when (or if) the FTC issues its final rule following the notice and comment period, it will likely be subject to legal challenges. In the meantime, companies with opinions on the issues implicated by the FTC's proposed rule should consider filing comments with the agency during the comment period, which is currently open through March 10, 2023.

Potential Changes to FLSA Overtime Requirements for Exempt Daily Rate Employees

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