In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...more
Tuesday, August 1, 2023: JOLTS Report – Job Openings Decreased by 34k in June, Rate Steady at 5.8% Official logo for the U.S. Bureau of Labor Statistics (BLS)The number of job openings in June was 9,582,000 – a small...more
Non-competition agreements are currently in a volatile state, and the future of their enforceability has been called into question by the current administration, and several state legislatures enacting limitations (and in...more
The Federal Trade Commission (FTC), with “concurrence” of the assistant attorney general for the Antitrust Division of the U.S. Department of Justice (DOJ), has issued a Notice of Proposed Rulemaking (NPRM) proposing...more
Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more
On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more
National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo’s efforts to alter the labor and employment landscape continue. The GC’s latest controversial enforcement memorandum (GC Memo 23-08) asserts that...more
Independent schools often contract with vendors to support the school's operations and delivery of its curriculum and programming, including transportation providers, food service, cleaning and facilities maintenance,...more
On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more
On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more
The National Labor Relations Board (NLRB) has proposed rescinding portions of its 2020 union representation procedures on blocking charges, voluntary recognition bar, and construction industry collective bargaining...more
Earlier this month, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking (NPRM), that would move the goalposts for what is considered a joint employer under the National Labor Relations Act...more
On September 7, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, make it much easier for the NLRB to find a company to be a "joint employer" of...more
Joint-Employer Doctrine under the National Labor Relations Act - Under the joint-employer doctrine, an individual may be considered an employee of an entity that is not the individual’s formal employer. If a company is a...more
On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint...more
On September 6, 2022, the National Labor Relations Board (“NLRB” or “Board”) issued a much anticipated proposed rule that would broaden the circumstances under which two companies may be held responsible for labor law...more
On the heels of the Labor Day weekend, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking and request for comments (NPRM) that would once again change the joint employer legal standard. The...more
Senate Scrambles Ahead of Summer Escape. While members of the U.S. House of Representatives returned home for the August congressional recess, the U.S. Senate remained in Washington, D.C., this week to wrap up some...more
EEOC Updates COVID-19 Guidance. On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance as it relates to the testing of employees in the workplace. Since the start of the pandemic, the...more
1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more
1. Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal...more
Government Avoids Shutdown. Perhaps already missing professional football, the U.S. Congress this week punted on federal government funding. Funding for the government was set to expire at 11:59 p.m. on February 18, 2022, but...more
Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more
EEOC Releases Vaccine Guidance. On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued much-needed guidance regarding COVID-19 vaccinations and the workplace. According to the guidance...more
In another effort to amend the 2014 final rule on “quickie elections,” on July 29, 2020, the National Labor Relations Board published a notice of proposed rulemaking (NPRM) in the Federal Register that, if implemented, would...more