On August 20, 2024, a Texas Federal Court issued a nationwide bar on the enforcement of the Federal Trade Commission (“FTC”) rule banning nearly all non-compete agreements (the “Final Rule”), which, as we have previously...more
9/4/2024
/ 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
As we have advised, on April 23, 2024, the Federal Trade Commission (“FTC”) approved a final rule (“Final Rule”) that renders existing non-competition agreements for employees working in for-profit businesses unenforceable,...more
The State of New Jersey is making a state-administered retirement savings program available to eligible workers who do not have qualifying retirement savings plans through their employer. This is an innovative approach to...more
The Supreme Court of New Jersey has just made it even harder for employers to prevent harmful comments from employees and former employees. Specifically, non-disparagement clauses have been the primary tool employers use to...more
Once again, the U.S. Department of Labor (“DOL”) released a Final Rule increasing the minimum salary thresholds for administrative, executive, and professional exemptions under the Fair Labor Standards Act (“FLSA”). Starting...more
On April 23, 2024, the Federal Trade Commission (“FTC”), in a 3-2 vote, approved a final rule that renders existing non-competition agreements for employees working in for-profit businesses unenforceable, with the exception...more
5/2/2024
/ 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 ,
Restrictive Covenants ,
Trade Secrets
On April 23, 2024, the Federal Trade Commission (“FTC”), in a 3-2 vote, approved a final rule that renders existing non-competition agreements for employees working in for-profit businesses unenforceable, with the exception...more
4/25/2024
/ 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
New Jersey employers have long had a duty to issue Instructions For Claiming Unemployment Benefits, known as Form BC-10 (Source), to separated employees, but with several amendments to the New Jersey Unemployment Compensation...more
This article originally ran in Law360 on February 10, 2023. All rights reserved. As federal and state governments consider limiting or prohibiting employee noncompetition agreements or other restrictive covenants, the...more
5/11/2023
/ Acquisitions ,
Buyers ,
Compliance ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Mergers ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Sellers
On April 10, 2023, the New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Amendments (NJ’s Mini-WARN Act), finally will go into effect. The amendments, initially set to go into effect nearly three years ago,...more
Employers, make no mistake, the federal government and state governments are targeting employee non-competition agreements, also called non-competes. Broadly, legislatures and government agencies are concerned employers are...more
1/13/2023
/ Biden Administration ,
Employment Contract ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
State Labor Laws
On July 8, 2021, New Jersey Governor Phil Murphy signed four bills aimed at cracking down on employers who misclassify independent contractors as employees. In a press release, the Governor’s office lauded this legislative...more
With the passage of The American Rescue Plan Act of 2021 (ARP), employers with fewer than 500 employees now have the option of continuing pandemic-related paid leave for eligible employees and seeking reimbursement for the...more
As all eyes were focused on the U.S. Capitol Building and insurgency on January 6th, back home, employers now face questions about whether they can discipline employees who participated in the siege or other off-duty conduct...more
As a labor and employment lawyer, over the past year, I had both a front row view of the ways the COVID-19 pandemic shaped workplaces in a broad array of industries and the privilege of working with employers to tackle truly...more
As New Jersey enters a new era of legalized cannabis, employers face a whole new crop of questions about responding to employee cannabis use. The newly passed New Jersey Cannabis Regulatory, Enforcement Assistance, and...more
Employers are growing accustomed to facing unprecedented decisions in every phase of this pandemic. As with many of the other situations employers have confronted over the past several months, whether to require employees to...more
In a landmark decision in Bostock v. Clayton County, the Supreme Court of the United States ruled discrimination against LGBTQ employees violates Title VII of the Civil Rights Act of 1964. The 6-3 ruling is significant in...more
6/19/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In a landmark decision in Bostock v. Clayton County, the Supreme Court of the United States ruled discrimination against LGBTQ employees violates Title VII of the Civil Rights Act of 1964. The 6-3 ruling is significant in...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Just as businesses are beginning to face the initial wave of COVID-19 impacts, lawyers are seeing the first wave of employee lawsuits. It is premature to even call these the tip of the iceberg, but the lessons from these...more
The Families First Coronavirus Response Act (FFCRA) requires all covered employers (generally, those with fewer than 500 employees, with the exception of certain healthcare providers and emergency responders who have opted...more
On March 19, 2020, Governor Phil Murphy signed two bills into law (A-3860 and A-3862), which expand patient access to telemedicine and telehealth services by healthcare practitioners. Out-of-state healthcare practitioners can...more
Employers’ and governments’ responses to this COVID-19 pandemic are moving at unprecedented speed. This week, the Families First Coronavirus Response Act (the Act) was passed by U.S. Congress and signed into law. It goes...more
As our response to this pandemic crisis evolves and employers’ move into uncharted territory, more questions arise. To keep employers current, we offer you key updates about the Families First Coronavirus Response Act (the...more
This is an unprecedented time and employers face an evolving crisis and fast-moving changes to laws. The team at Flaster Greenberg is prepared to help guide employers on compliance with existing and new laws, as well as best...more