With further proceedings anticipated, and in light of the numerous state law restrictions on non-competes, employers should continue to act with caution when presenting employees with non-compete agreements.
On August 20,...more
9/11/2024
/ Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions.
The FTC Final Rule imposes a...more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more
On December 23, 2023, Gov. Kathy Hochul vetoed the New York State Legislature’s proposed ban on all new non-compete agreements.
Despite the veto, Governor Hochul has left open the possibility of a statewide restriction on...more
The New York legislature has passed a bill banning future employee non-competes, regardless of pay thresholds or job functions, and even in the sale-of-business context.
The bill allows limited customer non-solicitation...more
The NLRB recently deemed broad confidentiality and non-disparagement provisions in a severance agreement for non-supervisory workers unlawful, in a decision likely to have broad implications for employers in both unionized...more
The Notice would ban all existing and future non-compete agreements with workers, with a narrow exception in connection with the sale of a business by any individual holding at least a 25% interest in such business.
The...more
As of November 1, 2022, covered employers advertising jobs that will be—or even can be—performed, in whole or in part, in New York City must include a good faith salary or hourly range pursuant to the new salary transparency...more
10/26/2022
/ Employees ,
Employer Liability Issues ,
Enforcement ,
Job Ads ,
Job Applicants ,
New Legislation ,
New York ,
NYCHRL ,
Pay Transparency ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
New DOL questions and answers provide much needed clarity to employers struggling to understand this new law.
Documentation of the employee’s need to take FFCRA leave is required for employers to claim a tax credit.
...more
Published materials, including questions and answers and the required workplace poster, are now available.
The U.S. Department of Labor has clarified that the federal Families First Coronavirus Response Act (FFCRA) is to...more
New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers.
New York State has enacted...more
8/24/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Gender-Based Pay Discrimination ,
Hairstyle Discrimination ,
Harassment ,
Mandatory Arbitration Clauses ,
New Rules ,
Non-Disclosure Agreement ,
NYSHRL ,
Race Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Unfair Immigration-Related Practices
After a multitude of new employment laws were introduced in 2018, the new year is already shaping up to be another one of significant change at state and local levels.
During 2018, a slew of New York state and local...more
1/17/2019
/ #MeToo ,
ADEA ,
Anti-Harassment Policies ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Lactation Accommodation ,
Minimum Wage ,
Paid Family Leave Law ,
Salary/Wage History ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Sweeping new legislation in New York aims to prevent and shine light on sexual harassment.
New York State employers will soon be prohibited from mandating arbitration of sexual harassment claims. They must also obtain...more
5/22/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Hires ,
New Legislation ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws
Recently issued final rules impose additional restrictions including prohibitions on requiring independent contractors to waive certain rights.
The Freelance Isn’t Free Act is a recent New York City law that went into...more
8/5/2017
/ Anti-Retaliation Provisions ,
Classification ,
Contract Terms ,
Employer Liability Issues ,
Final Rules ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Resident Status ,
Waiver of Rights
New York’s Paid Family Leave Law (PFLL), the most expansive paid leave law in the nation, goes into effect on January 1, 2018. Leave pursuant to the PFLL will be funded entirely through payroll deductions. To ensure that...more
New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions...more
Beginning May 15, 2017, independent contractors in New York City will be provided with heightened protections under the law, and those engaging independent contractors will, in most instances, be legally required to do so...more
5/16/2017
/ Employer Liability Issues ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
NYCHRL ,
Pay Gap ,
Popular ,
Salary/Wage History ,
Wage and Hour
Takeaways:
- SEC is targeting contract terms that appear to restrict contact with the SEC or require employee whistleblowers to waive monetary recoveries.
- Express disclosure of these rights in severance...more
1/20/2017
/ Confidentiality Agreements ,
Contract Terms ,
Employment Contract ,
Enforcement Actions ,
Non-Disparagement Provisions ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Severance Agreements ,
Waiver of Rights ,
Whistleblower Protection Policies ,
Whistleblowers
Until May 12, 2016, trade secret law was the only area of intellectual property law left largely to state courts and state law. But no longer. On May 12, President Obama signed the Defend Trade Secrets Act of 2016, Pub. L....more
5/25/2016
/ Asset Seizure ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Federal v State Law Application ,
Inevitable Disclosure Doctrine ,
Misappropriation ,
Notice Requirements ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
The New York City Commission on Human Rights has just released a Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression. The Guidance defines eight categories of discriminatory...more
On June 29, 2015, Mayor de Blasio signed the Fair Chance Act, a new law that generally prohibits New York City employers from discriminating against job applicants with a criminal record and that prohibits inquiries about...more
On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill barring employers in New York City from discriminating against employees and applicants based on their consumer credit histories. The exceptions to...more
On April 1, 2015, the Securities and Exchange Commission (“SEC”) announced an enforcement action and corresponding settlement arising out of an employer’s confidentiality agreement. The SEC contended that the agreement...more
There is a growing national movement to “Ban the Box” – i.e., to prohibit questions about a job applicant’s criminal history on employment applications. Currently, “Ban the Box” laws are primarily targeted at public...more
In response to widespread employer concerns over ambiguities in New York City’s Earned Sick Time Act (“ESTA”), the New York City Department of Consumer Affairs (“DCA”) published its Final Rules regarding the ESTA on July 30,...more