California passed new laws reiterating its prohibition on employment-related non-competition obligations. Assembly Bill 1076, effective January 1, 2024, provides that it is unlawful to include noncompete clauses in employment...more
2/5/2024
/ California ,
Confidential Information ,
Damages ,
Employment Contract ,
Injunctive Relief ,
Negotiations ,
Non-Compete Agreements ,
Private Right of Action ,
Restrictive Covenants ,
Trade Secrets ,
Unfair Competition
Update: On December 22, 2023, New York State Governor Kathy Hochul vetoed the bill that would ban all new non-competition agreements for workers in New York. News reports indicate that Governor Hochul sought to limit the ban...more
Earlier this year, the National Labor Relations Board ("NLRB") issued its decision and order in McLaren Macomb, 372 NLRB No. 58 (February 21, 2023), holding that certain confidentiality and non-disparagement provisions...more
On February 3, 2023, the US Securities and Exchange Commission ("SEC") announced that a public company agreed to pay $35 million to settle charges of, among other things, violations of the whistleblower protection rule.1...more
3/8/2023
/ Confidentiality Agreements ,
Disclosure Requirements ,
Dodd-Frank ,
Employees ,
Enforcement ,
Publicly-Traded Companies ,
Restrictive Covenants ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Whistleblower Protection Policies ,
Whistleblowers
On October 26, 2022, the Securities and Exchange Commission ("SEC") adopted its long-awaited final rules on clawbacks. Under these rules, companies listed on the NYSE and Nasdaq will be required to adopt "clawback" policies –...more
On November 4, 2021, the federal Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (the “ETS”). The ETS implements the additional measures to encourage...more
11/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Companies and their workforces are facing extraordinary challenges during the period of disruption caused by COVID-19, and Governments around the world are introducing new legislation and guidance on a frequent basis to help...more
On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the...more
Employers planning a return to the workplace must comply with a myriad of employment laws, regulations and guidance issued by public health authorities and other regulators. The following is a summary of certain portions of...more
10/8/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Re-Opening Guidelines ,
Virus Testing ,
Workplace Safety
Pursuant to the federal Families First Coronavirus Response Act (the "Response Act"), effective April 1, 2020 through December 31, 2020, all employers with under 500 employees must provide eligible employees within the U.S....more
9/9/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
Paid Sick Leave ,
Payroll Taxes ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits
Both individuals and companies are facing unprecedented circumstances, with COVID-19 changing situations and circumstances on a minute-by-minute basis. In these state-by-state matrices, we have set out below the key...more
8/17/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Non-Essential Businesses ,
Operators of Essential Services ,
Public Gatherings ,
Public Health ,
Public Health Emergency ,
Public Safety ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
State and Local Government
As states allow businesses to reopen and employers begin returning to the workplace, questions arise regarding the potential liability of employers if employees and consultants contract COVID-19 in the workplace—which might...more
8/11/2020
/ Centers for Disease Control and Prevention (CDC) ,
Civil Liability ,
Compliance ,
Consultants ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Limited Liability ,
New York ,
Occupational Exposure ,
OSHA ,
Return-to-Work Agreements ,
Sick Employees ,
Social Distancing ,
State Labor Laws ,
Waivers ,
Workers' Compensation Claim ,
Workplace Decontamination ,
Workplace Safety
Both individuals and companies are facing unprecedented circumstances, with COVID-19 changing situations and circumstances on a minute-by-minute basis. In these state-by-state matrices, we have set out below the key...more
7/11/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Non-Essential Businesses ,
Operators of Essential Services ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
State and Local Government
Employers planning a return to the workplace must comply with a myriad of employment laws, regulations and guidance issued by public health authorities and other regulators. The following is a summary of certain portions of...more
6/25/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Virus Testing ,
Workplace Safety
Both individuals and companies are facing unprecedented circumstances, with COVID-19 changing situations and circumstances on a minute-by-minute basis. In these state-by-state matrices, we have set out below the key...more
As states and cities begin to allow, or plan to allow, businesses to reopen (and for essential businesses to operate more broadly) while the COVID-19 pandemic continues, employers must plan ahead to reopen workplaces safely...more
Both individuals and companies are facing unprecedented circumstances, with COVID-19 changing situations and circumstances on a minute-by-minute basis. In these state-by-state matrices, we have set out below the key...more
5/14/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Executive Orders ,
Non-Essential Businesses ,
Operators of Essential Services ,
Public Health Emergency ,
Re-Opening Guidelines ,
Remote Working ,
Shelter-In-Place ,
Social Distancing ,
State and Local Government
Both individuals and companies are facing unprecedented circumstances, with COVID-19 changing situations and circumstances on a minute-by-minute basis. In these state-by-state matrices, we have set out below the key...more
5/2/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Non-Essential Businesses ,
Operators of Essential Services ,
Public Health Emergency ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
State and Local Government
Both individuals and companies are facing unprecedented circumstances, with COVID-19 changing situations and circumstances on a minute-by-minute basis. In these state-by-state matrices, we have set out below the key...more
Both individuals and companies are facing unprecedented circumstances, with COVID-19 changing situations and circumstances on a minute-by-minute basis. In these state-by-state matrices, we have set out the key guidelines,...more
The novel coronavirus referred to as SARS-CoV-2 and the disease that the virus causes (“COVID-19”) has created significant challenges for companies and employees across the United States as quarantine, self-isolation, and...more
The Families First Coronavirus Response Act provides for paid sick leave and expanded family or medical leave benefits to employees, and payroll tax credits to employers in respect of such benefits. The US Department of Labor...more
The federal Families First Coronavirus Response Act (the "Coronavirus Response Act") passed by Congress is effective April 2, 2020 through December 31, 2020. The Coronavirus Response Act will require the following for...more
Both individuals and companies are facing unprecedented circumstances, with COVID-19 changing situations and circumstances on a minute-by-minute basis. In these state-by-state matrices, we have set out below the key...more