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Washington, D.C.’s New Non-Compete Law Is Now in Effect

Key Points - Originally poised to be one of the broadest non-compete bans in the country, Washington, D.C.’s scaled-back non-compete law became enforceable on October 1, 2022. The new law prohibits non-competition...more

Noncompete Laws: 2021 Year in Review

Key Points - President Biden’s July 9, 2021 executive order encouraged the FTC to exercise its statutory rulemaking authority to curtail the unfair use of noncompete agreements. Effective March 1, 2022, a person who...more

The DOL Withdraws Trump Administration FLSA Independent Contractor Rule, Preserving the Status Quo . . . for the Moment

Key Points - The DOL has withdrawn a final rule published in the waning days of the Trump administration that established a multifactor test for determining whether workers are employees or independent contractors under...more

Fifth Circuit Establishes New Standard For FLSA Collective Actions

Key Points - In Swales v. KLLM Transport Services, LLC, the U.S. Court of Appeals for the 5th Circuit established a new standard for determining whether, and to whom, court-authorized notice of a collective action lawsuit...more

U.S. Department of Labor Issues New Worker Classification Regulations

The DOL has issued new regulations setting forth the test to determine whether an individual is an independent contractor or an employee under the FLSA. Under the regulations, the “ultimate inquiry” is whether, as a matter...more

Noncompete Considerations for Employers Implementing COVID-19 Cost-Cutting Measures and Operational Changes

As COVID-19 continues to spread and economic uncertainty persists, many employers are implementing layoffs, pay cuts, furloughs and other operational changes that could cause them to lose the ability to enforce their...more

Occupational Safety and Health Obligations to Record and Report COVID-19 Cases

Employers face unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the items on their ever-expanding list is that federal and state occupational safety and health regulations require...more

Are Your Noncompete Agreements Dying of Old Age?

Key Points - • Tight labor markets are leading courts and legislatures to closely scrutinize noncompetes and other restrictive covenants. • If there are changes in an employee’s job and/or the company’s business, it...more

Employers Must Report 2017 and 2018 Pay Data to the EEOC by September 30, 2019

• A court has ordered the EEOC to begin collecting detailed pay data on a revised EEO-1 form, and covered employers should prepare to report such data to the EEOC for calendar years 2017 and 2018 by September 30, 2019. •...more

A Court Has Ordered That Employers Must Report 2017 and 2018 Pay Data to the EEOC by September 30, 2019

In response to a court order reinstating an Obama-era pay data collection rule, the Equal Employment Opportunity Commission (EEOC) has announced that covered employers will be required to report pay data and hours worked for...more

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