On August 1, 2024, the Connecticut Supreme Court ruled in O’Reggio v. Commission on Human Rights and Opportunities that the definition of “supervisor” set forth by the U.S. Supreme Court in Vance v. Ball State University to...more
9/18/2024
/ Civil Rights Act ,
Connecticut ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Hostile Environment ,
State Labor Laws ,
Supervisors ,
Title VII ,
Vance v. Ball State University ,
Vicarious Liability
On August 20, 2024, in Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas entered summary judgment in favor of the plaintiffs and set aside the Federal Trade Commission’s (FTC)...more
8/23/2024
/ Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair or Deceptive Trade Practices
In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas enjoined the FTC from implementing or enforcing its noncompete ban (the “Final Rule”) mainly on the grounds that it exceeds...more
On May 21, 2024, Connecticut Governor Ned Lamont signed legislation expanding Connecticut’s Paid Sick Leave law beginning January 1, 2025. The new legislation expands the scope of employers covered by the law, increases the...more
6/12/2024
/ Corporate Counsel ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
Manufacturers ,
New Legislation ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
State Labor Laws ,
Wage and Hour
On April 23, 2024, the Federal Trade Commission (the Commission) voted 3-2 to finalize a rule banning nearly all worker non-compete agreements nationwide (the Final Rule). The Final Rule will have wide-ranging effects for...more
4/26/2024
/ Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
On December 22, 2023, New York Governor Kathy Hochul vetoed proposed legislation that would have banned all employee non-compete agreements in New York. In our June 2023 Legal Update, we outlined the proposed legislation that...more
The New York State Legislature passed a bill on June 20, 2023, that seeks to prohibit employers from entering into non-compete agreements with their employees (the “Bill”). If signed by Governor Hochul, the Bill will be a sea...more
6/26/2023
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
On June 5, 2023, the Connecticut Legislature passed Public Act No. 23-97, “An Act Concerning Health and Wellness for Connecticut Residents” (“the Act”). Sections 13 through 15 of the Act make important changes to Connecticut...more
6/13/2023
/ Connecticut ,
Employer Liability Issues ,
Employment Contract ,
Healthcare ,
Healthcare Workers ,
Hiring & Firing ,
Labor Reform ,
New Legislation ,
Non-Compete Agreements ,
Nurses ,
Physician Assistants ,
Physicians ,
Restrictive Covenants ,
State Labor Laws
On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing post-employment noncompete restrictions on their workers. The proposed rule, if adopted as drafted, would...more
1/9/2023
/ Anti-Competitive ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
NPRM ,
Regulatory Agenda ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
The 2022 midterm elections in the United States are just around the corner, on November 8. Midterm elections generally decide which political party controls the United States Congress as well as state legislatures and...more
On March 3, 2022, President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The legislation passed Congress with bipartisan support. The #MeToo-inspired bill is...more
3/7/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
Since the beginning of the COVID-19 pandemic, employers have dealt with many challenges related to ensuring a safe and healthy workplace for their employees. With the persistence of the highly transmissible Delta and Delta...more
9/2/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
The 2021 Connecticut legislative session began January 6, 2021, and ended June 9, 2021. The legislature also held a special session from June 15-17, 2021. Several pieces of legislation were passed by both the House and Senate...more
6/25/2021
/ Age Discrimination ,
Breastfeeding ,
General Assembly ,
Hairstyle Discrimination ,
Labor Reform ,
New Legislation ,
Proposed Legislation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Beginning October 1, 2021, Connecticut employers, meaning those that employ at least one employee in the state, will be required to disclose wage ranges for vacant positions pursuant to an amendment of existing laws...more
6/15/2021
/ Amended Legislation ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance for the first time since December 16, 2020, to address COVID-19 vaccinations of employees in the workplace. The...more
6/7/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Post-employment restrictions, including noncompete agreements, have become an increasingly popular tool for protecting business investments; confidential information; client, customer and employee relationships; and goodwill....more
Connecticut House Bill 6515, otherwise known as the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which prohibits workplace discrimination as well as discrimination in public accommodations, housing,...more
The U.S. Department of Labor (DOL) recently issued new model notices and certification forms (FMLA forms), which can be used by employers to administer the federal Family and Medical Leave Act (FMLA) and fulfill the FMLA...more
Continuing its aggressive measures to combat workplace sexual harassment, on August 23, the New York State Department of Labor issued for public comment a draft sexual harassment training program, a checklist of minimum...more
9/6/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Local Ordinance ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
On November 26, New York City will implement a package of laws, dubbed the “Fair Workweek Law” (Law). The package of five laws states that retail and fast food employers in New York City must provide employees with...more
Connecticut has joined a growing trend of states and municipalities expanding the protections afforded to pregnant employees and applicants. Connecticut’s new law, effective October 1, 2017, entitled An Act Concerning...more
In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more
3/30/2017
/ Americans with Disabilities Act (ADA) ,
Disability ,
Disability Discrimination ,
Employment Litigation ,
Essential Functions ,
Hiring & Firing ,
Pharmacies ,
Pharmacist ,
Reasonable Accommodation ,
Retaliation ,
Rite Aid ,
Wrongful Termination
In Wall Systems, Inc. v. Pompa, No. SC19734 (Mar. 7, 2017), the Connecticut Supreme Court explained the legal and equitable remedies available to employers that win breach of duty of loyalty claims against their current or...more
On August 1, 2016, Massachusetts joined a growing state and federal trend by passing a comprehensive “pay equity” law. Indeed, the focus on equitable pay has been a major priority for the Obama Administration since 2009, when...more
On June 14, 2016, a federal district court in the Northern District of Illinois denied a request from the Federal Trade Commission (FTC) for a preliminary injunction to enjoin the pending merger of Advocate Health Care...more
7/19/2016
/ Antitrust Investigations ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Hospital Mergers ,
Hospitals ,
Mergers ,
Penalties ,
Preliminary Injunctions ,
Stark Law