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Proceed with Caution When Taking the Human Out of Human Resources: The Colorado Artificial Intelligence Act Will Have Immediate...

The role of artificial intelligence (AI) has been increasing in our daily lives, from customer service chatbots and digital assistants to ubiquitous smart home devices. Likewise, the reach of the technology is expanding...more

Race to the … Increasingly Conservative Non-Competition Jurisdiction?

Businesses frequently choose Delaware as the governing law and venue for enforcement when drafting many kinds of agreements, including non-competition covenants. Delaware is attractive for several reasons, including robust...more

Retooling Intellectual Property Strategies to Weather Bear Markets

As economists warn of an imminent economic recession, companies should take the time now to consider their Intellectual Property (IP) strategies and determine how to preserve legal spend while simultaneously adding value to...more

One Rule to Rule Them All: A Congressional Effort to Prohibit Non-Competes for Hourly Workers

Non-compete agreements have long been under attack at the state level. Across the country, states have put limitations on the use of restrictive covenants, particularly with respect to lower wage workers. While the District...more

Part-Time, Temp Hiring Boom Opens Door to Compliance Pitfalls

Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen...more

#MeToo2022: I’ll See You In Court, If I Want To – Congress Passes Ban on Mandatory Arbitration of Sexual Harassment and Assault...

In the wake of the #MeToo movement, several states, such as California, have taken steps to ban mandatory arbitration clauses that cover claims of sexual harassment and assault. However, such prohibitions have decidedly not...more

Protecting Trade Secrets in a Hot Labor Market — Make Sure Departing Employees Don’t Exit Through the Gift Shop

In this hot labor market, businesses have been laser focused on hiring and retaining talent. While increased employee mobility leads to some exciting hires, it also means some workers are leaving for new opportunities. When...more

Update on Texas Executive Order GA-40 (Regarding COVID-19 Vaccine Mandates)

On December 8, 2021, the Texas Workforce Commission (“TWC”) sent a letter to all employers in the state of Texas setting forth its position on Executive Order GA-40. Specifically, as we informed you on December 1, 2021,...more

California Appellate Court Holds Plaintiffs in Website Accessibility Challenges Must Have “Bona Fide Intent” To Use Services

Across the country, companies have been grappling with website accessibility challenges filed by serial plaintiffs alleging the company’s website is not fully accessible to individuals with disabilities. The complaints...more

They Said They Would, and So They Did: DOL Formally Withdraws Joint Employer Regulations

Joint employment continues to be a hot-button issue, especially as many companies look to contingent workforces to provide flexibility as businesses reopen in this uncertain economic landscape. Joint employment is found...more

New Texas Law Shields Businesses From COVID-19 Liability

On June 14, 2021, Texas Gov. Greg Abbott signed into law SB 6, a bill granting retroactive civil liability protections for large and small businesses, and a variety of health care providers and first responders subjected to...more

Best Practices for Returning to Work in a Vaccinated World

For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more

Employers Take a Shot at Managing the COVID-19 Vaccine

In recent weeks, the Food and Drug Administration issued an Emergency Use Authorization (EUA) for certain vaccines to prevent the spread of COVID-19. While recognized as an important step in easing the global pandemic, the...more

If You’re Sick, Stay Home! You May Even Get Paid for It

In the months since COVID-19 reached American shores, the mantra for employees who cannot telework has been if you feel sick, stay home. Staying home when feeling ill is a key element of stopping the spread of COVID-19. To...more

New Year, New Forms – Form I-9 Gets a 2020 Update

No job is finished until the paperwork is done, but compliant employers also know that no job is started until the paperwork is complete too. This is especially true with the Form I-9. Last week, U.S. Citizenship and...more

Get Off My Lawn! Employers Gain Expanded Rights to Keep Unions Away from Their Property

The National Labor Relations Board (NLRB or the “Board”) has been steadily increasing employers’ rights to restrict union access to their facilities. Now the Board appears poised to codify the new rules of engagement in...more

Two Can Keep a Secret… If the Contract Holds Up: How to Use Non-Disclosure Covenants in the #MeToo Era

The non-disclosure provision of a routine employment settlement agreement has typically been a common and easily agreed-upon term of resolution.  These provisions—where the employer and employee agree not to publicly discuss...more

Putting PAID to Non-Compliant Payroll Practices: Is the DOL’s Payroll Self-Audit Program Right for You?

Remember full-service gas stations? These days, we have self-service pumps. Remember cashiers at the grocery store? Now, most chains offer self-service checkout. Remember the DOL auditing your labor practices? Not so fast –...more

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