In one of the most highly anticipated employment law decisions this year, on Aug. 20, 2024, the United States District Court for the Northern District of Texas ordered that the Federal Trade Commission’s (FTC) broad...more
As has been reported, the Federal Trade Commission (FTC) issued the FTC Non-Compete Final Rule (the Non-Compete Final Rule) that is scheduled to become effective on Sept. 4, 2024, banning employment non-competes nationally,...more
On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania threw its hat into the ring of cases addressing the Federal Trade Commission’s (FTC) non-compete ban (the Non-Compete Final Rule),...more
As eagerly anticipated and predicted by many, on July 3, 2024, the United States District Court for the Northern District of Texas entered a preliminary injunction staying the Federal Trade Commission’s (FTC) broad...more
Employers should take note of two important developments at the federal and local levels, both taking effect July 1, 2024.
As we previously mentioned , starting July 1, 2024, New York City employers must begin distributing...more
Pregnant workers will soon have the right to an expanded range of accommodations under the final regulations interpreting the federal Pregnant Workers Fairness Act (PWFA). Those regulations, issued by the Equal Employment...more
April 23, 2024, has been a very busy day on the employment front, with significant, far-reaching moves at the federal level.
Non-Compete Ban-
First, in a watershed vote during an open commission meeting today, the...more
4/24/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Independent Contractors ,
Non-Compete Agreements ,
Over-Time ,
Restrictive Covenants ,
Salaried Employees ,
White-Collar Exemptions
Ringing in the new year means a host of new employment laws that are now effective and on the horizon for New York employers. With the state very busy at year-end, employers should take note of new laws impacting the...more
California law has long held that noncompetes in the employment context are void under California Business and Professions Code § 16600 (§ 16600). Now, to further bolster its prohibition on such covenants, California has...more
A well-thought-out hiring process can help companies not only attract and retain top talent, but it can also ensure that companies meet legal obligations, obtain necessary protections, and avoid costly mistakes. In this...more
The U.S. Department of Labor (DOL) announced today a notice of proposed rulemaking to raise the salary threshold for “white collar” minimum wage and overtime pay exemptions. The proposed rule would increase the minimum annual...more
Today on Just Compensation, Megan Monson, Julie Levinson Werner, Taryn E. Cannataro, and Amy C. Schwind discuss some of the issues an employer must consider as the workforce becomes increasingly remote. They recommend that...more
While last week’s U.S. Supreme Court decision on affirmative action in the educational setting garnered substantial attention, another decision issued by the Court that same day also warrants discussion. In Groff v. DeJoy,...more
7/6/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On June 21, 2023, the New York Department of Labor (“DOL”) adopted amendments to the New York State Worker Adjustment and Retraining Notification Act (the “Act”) regulations to “address the post-pandemic employment climate.”...more
In a landmark, unprecedented move that will affect millions of employers across the state, the New York Assembly and Senate have passed a bill, which, if signed by Gov. Kathy Hochul, will ban employers from entering into...more
For many years, employers have been required to review documentation of new hires in person to confirm they are legally authorized to work in the United States. During the COVID-19 pandemic, this requirement was put on hold,...more
On July 5, 2023, New York City is poised to begin enforcement of a law initially passed in 2021 that requires employers to take certain steps before implementing an automated employment decision tool (AEDT). The law reflects...more
In light of the FDIC takeover of Silicon Valley Bank (SVB), many of our startup, growth company, and fund clients have asked about how to manage their obligations to pay their team members during a period when the company’s...more
3/13/2023
/ Criminal Liability ,
Emerging Growth Companies ,
Fair Labor Standards Act (FLSA) ,
FDIC ,
Financial Institutions ,
Frozen Assets ,
Furloughs ,
Lenders ,
Non-Exempt Employees ,
Payroll Expenses ,
Startups ,
Wages
Earlier this week, the National Labor Relations Board (NLRB) ruled that language in a severance agreement that restricts an employee’s ability to criticize their employer or to reveal terms of the agreement that the employer...more
Updated as of January 31, 2023-
The Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule...more
1/31/2023
/ Department of Justice (DOJ) ,
Employment Contract ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Highly Compensated Employees ,
Joe Biden ,
No-Poaching ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Wage-Fixing
On January 10, 2023, Gov. Phil Murphy signed a substantial new version of New Jersey’s Worker Adjustment and Retraining Notification Act (WARN Act), which will take effect in 90 days. The amended New Jersey WARN Act imposes...more
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule would bar...more
Business owners and transaction lawyers who view non-compete agreements as standard in connection with the sale of a business should be careful not to overreach in imposing restrictive covenants on sellers in purchase...more
In line with a growing trend of pay transparency laws in the nation, California is the next jurisdiction to require employers to share salary information in job postings. Effective January 1, 2023, California joins the ranks...more
Companies with employees in the District of Columbia (“DC”) should familiarize themselves with the Non-Compete Clarification Amendment Act of 2022 (the “Act”) which becomes effective October 1, 2022....more