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FTC Prohibits Noncompete Agreements; Business Groups Sue

The Federal Trade Commission (“FTC”) just approved a rule that would largely prohibit making or enforcing employee noncompete agreements. The U.S. Chamber of Commerce and others have already sued to block the new rule. What...more

The U.S. Federal Trade Commission Votes to Ban Non-Compete Agreements, But the Issue is Far From Settled

Early last year, the U.S. Federal Trade Commission (“FTC”) proposed a rule banning non-compete agreements nationwide. Yesterday, the FTC voted 3 to 2 in favor of adopting this rule....more

Don’t Let a Tight Labor Market Get Your Guard Down

In wrongful termination cases in the U.S., the primary source of liability for employers is an employee’s alleged lost wages. Under U.S. law, an employee who is terminated for a discriminatory or a retaliatory reason is...more

Noncompete Agreements are Slowly Going Extinct in the U.S.

Companies utilizing noncompete agreements in the U.S. in the employment context should reevaluate their practices in light of recent changes to law and a rapidly changing legal landscape that is growing increasingly hostile...more

The U.S. Equal Employment Opportunity Commission Has Confirmed That Employers Face Potential Liability If They Use AI Tools To...

The U.S. Equal Employment Opportunity Commission (“EEOC”) has released guidance confirming that employers face potential liability if they use AI tools to screen applicants in a way that disproportionately impacts employees...more

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

Economic Downturn May Cause Spike in Litigation Arising From Reductions-in-Force

With economists predicting a recession in the coming year, many employers are considering downsizing their operations. In planning for and implementing such reductions, employers should be aware of the risk of litigation...more

U.S. Equal Pay and Pay Transparency Laws Are Getting More Complex

Several U.S. states have been adopting more complex pay transparency laws and stricter equal pay statutes that prohibit employers from paying two employees differently to perform the same role based on factors such as race or...more

States Expand Pay Transparency Requirements, Including for Remote Job Postings

In order to address income disparities and employer discrimination, a growing number of jurisdictions in the U.S. have implemented salary transparency laws that not only require disclosure of certain salary information during...more

Additional EEOC Guidance for Employers Processing Religious Exemption Requests in Workplace COVID-19 Vaccine Mandates

On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC”) released additional guidance for employers navigating their way through employee requests for religious exemptions from COVID-19 vaccine mandates. The...more

Washington’s Travel Time Trap for Employers

Figuring out when you have to pay employees for travel time can be tricky in any state. A Washington Court of Appeals just held that the rules for determining when travel time is compensable are significantly more employee...more

OSHA Releases Updated Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

On August 13, 2021, the United States Occupational Safety and Health Administration (“OSHA”) released updated guidance on mitigating and preventing the spread of COVID-19 in the workplace to reflect changes in the Centers for...more

Masks are Back for Washingtonians. Will Other States Follow?

On August 18, 2021, Governor Jay Inslee announced the reinstatement of the indoor mask mandate for all Washingtonians. The mask mandate goes into effect on Monday, August 23, 2021....more

OSHA Issues COVID-19 Workplace Safety Rule for Healthcare Employers

On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released the first nationwide workplace safety rule in response to the COVID-19 pandemic. OSHA’s guidance is only binding on healthcare employers....more

New EEOC Guidance on COVID-19 Vaccinations in the Workplace

On May 28, 2021, the United States Equal Employment Opportunity Commission (“EEOC”) released new guidance regarding COVID-19 vaccinations in the workplace. The new guidance clarifies some significant issues, including whether...more

COVID-19 Safety Precautions Expose American Employers to New Wage and Hour Claims

Two former employees of Cresco Labs have filed a collective and class action complaint in Illinois federal court, alleging that their employer failed to compensate its employees for time spent putting on and taking off...more

Managing Workplace Safety in the COVID-19 Era

The workplace safety framework in the United States is difficult to navigate at its best. Since the beginning of the COVID-19 global health emergency, employers have faced increasingly complex challenges involving...more

Congress Extends the FFCRA’s Payroll-Tax Credit for Employers (but not the Paid-Leave Obligation!)

With the December 31, 2020 expiration of the Families First Coronavirus Response Act (“FFCRA”) fast approaching, on December 28 President Trump signed into law the Consolidated Appropriations Act of 2021 (the “CAA”). Although...more

The COVID-19 Vaccine - Next Steps for Canadian Employers with U.S. Operations

The United States is currently experiencing the largest surge in COVID-19 cases since the global health emergency began. In the past several weeks, the United States Food and Drug Administration (“FDA”) granted emergency-use...more

Mandating COVID-19 Vaccinations in the Workplace: Practical Considerations for Employers

With the United States experiencing the largest surge in cases since the COVID-19 crisis began, the Food and Drug Administration (“FDA”) recently granted emergency-use authorization of Pfizer’s and Moderna’s COVID-19...more

U.S. Department of Labor Rule Broadens the Classification of Independent Contractors

The United States Department of Labor (DOL) has issued a proposed rule addressing the definition of “independent contractor” in the context of the Fair Labor Standards Act (FLSA). Canadian companies with a presence in the...more

Federal Court Invalidates Portions of the DOL’s FFCRA Rule

On August 3, 2020, the Federal District Court for the Southern District of New York issued a decision in State of New York v. United States Department of Labor, et al. In this case, the State of New York claimed that the...more

NLRB Empowers Employers to Discipline Employees for Abusive or Offensive Conduct

On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more

As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19 cases surge....more

The Families First Coronavirus Response Act: Twenty (Or So) Questions With Dorsey’s Labor and Employment Team

Since the Families First Coronavirus Response Act (“FFCRA”) was passed into law on March 18, 2020, crucial questions about the Act’s requirements have remained unanswered. Yesterday (on March 26, 2020), the United States...more

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