On August 20, 2024, in Ryan LLC v. Federal Trade Commission, Judge Ada Brown of the U.S. District Court for the Northern District of Texas barred the Federal Trade Commission’s (“FTC”) Non-Compete Rule (the “Rule”) from...more
8/22/2024
/ Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Lack of Authority ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania considered another challenge to the Federal Trade Commission’s (“FTC”) Non-Compete Rule (the “Rule”) banning the vast majority of non-compete...more
In a recent unpublished decision, the New Jersey Appellate Division considered whether employers are required to reimburse employees for business related expenses under the New Jersey Wage Payment Law (“NJWPL”) in Sands v....more
On July 3, 2024, in Ryan LLC v. Federal Trade Commission, Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued a preliminary injunction against the enforcement of the Federal Trade Commission’s...more
On April 20, 2024, New York Governor Kathy Hochul signed into law New York State’s Budget for fiscal year 2025. The new Budget includes a few key bills impacting New York employers and employees alike, as stated in depth...more
New York City’s Department of Consumer and Worker Protection (“DCWP”) unveiled its Workers’ Bill of Rights website on March 1, 2024. The Workers’ Bill of Rights outlines rights and protections for employees, independent...more
On April 23, 2024, the United States Department of Labor (“DOL”) issued its long awaited final overtime rule (the “Rule”), which updates and revises the regulations addressing the salary threshold applicable to the “white...more
On January 12, 2024, New Jersey Governor Phil Murphy signed the New Jersey Domestic Workers Bill of Rights Act (S-723/A-822) (the “Act”) into law. The new law not only supports domestic workers’ rights and expands their legal...more
A SNAPSHOT OF WHAT YOU NEED TO KNOW-
• New York Governor Kathy Hochul recently signed into law two bills impacting employment discrimination protections in the State.
• The first bill prohibits liquidated damages and...more
On January 9, 2024, the United States Department of Labor (“DOL”) released a final rule (the “Final Rule”) setting forth new standards for determining whether an individual may be classified as an independent contractor under...more
1/17/2024
/ Congressional Review Act ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Independent Contractors ,
Misclassification ,
Tax Penalties ,
Totality of Circumstances Test ,
Wage and Hour
In much-anticipated legislation, on December 22, 2023, Governor Kathy Hochul vetoed Senate Bill S3100 (the “Bill”), which, as we previously reported, would have essentially banned all non-compete agreements in New York State....more
On June 29, 2023, the United States Supreme Court ruled in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North...more
12/13/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Fourteenth Amendment ,
Hiring & Firing ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII ,
Wage and Hour
On October 2, 2023, the United States Equal Employment Opportunity Commission (“EEOC”) issued its long-awaited proposed guidance regarding harassment in the workplace (the “Guidance”). In January 2017, the EEOC published...more
10/18/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEO ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
Sexual Orientation ,
Title VII ,
Workplace Harassment Guidance
In recent weeks, New York enacted various employment laws that provide additional protections for New York employees. After reviewing the below, which summarizes the new laws in descending order of effective date, employers...more
10/5/2023
/ Assignment of Inventions ,
Corporate Counsel ,
Eligibility ,
Employee Privacy Rights ,
Employment Contract ,
Human Rights ,
Inventions ,
Minimum Wage ,
New York ,
Notice Requirements ,
Political Speech ,
Religious Expression ,
Social Media ,
State Labor Laws ,
Unemployment Benefits ,
Wage Theft
On August 14, 2023, the New Jersey Supreme Court issued an opinion in Crisitello v. St. Theresa School finding in favor of a catholic school that was sued for pregnancy and marital-status discrimination by a former teacher...more
On June 29, 2023, the Supreme Court in Groff v. DeJoy clarified employers’ obligations when accommodating an employee’s religious beliefs under Title VII of the Civil Rights Act of 1964 (“Title VII”). As a result of this...more
7/18/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
In May 2023, a federal judge for the US District Court for the District of New Jersey ruled that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide for a...more
New York is yet another state to address the future enforceability (or lack thereof) of noncompete agreements. On June 20, 2023, the New York State Assembly passed Bill 3100A (the “Bill”), which was previously passed by the...more
On November 3, 2022, New Jersey Governor Phil Murphy signed into law amendments to the New Jersey Unemployment Compensation Law, which go into effect on July 31, 2023. The amendments materially alter various aspects of the...more
On May 26, 2023, Mayor Adams enacted into law an ordinance passed by the New York City Council to create new protected categories under the New York City Human Rights Law (“NYCHRL”). This law now amends the NYCHRL and...more
On April 11, 2023, Governor Kathy Hochul announced that the New York State Department of Labor (“NYDOL”) has finalized its updated model sexual harassment prevention policy and training resources....more
New York State and New York City are currently considering bills that would effectively end at-will employment.
On March 6, 2023, a trio of New York State Senators introduced Senate Bill S05459, which, if passed, will...more
On February 21, 2023, the National Labor Relations Board (NLRB) issued a decision in McLaren Macomb and Local 40 Rn Staff Council, Office and Professional Employees, International Union (OPEIU), AFL-CIO, 372 NLRB No. 58, 2023...more
Effective November 6, 2022, a new wage transparency law, amending the Westchester County Human Rights Law, prohibits employers from advertising a job, promotion, or transfer opportunity without also including the minimum or...more
As of today, November 1, 2022, the New York City pay transparency law goes into effect. As we previously reported, the law requires covered employers to disclose minimum and maximum salary information in job postings,...more