On August 20, 2024, the court in Ryan LLC v. FTC, pending in the Northern District of Texas, granted the plaintiff and intervenors’ motions for summary judgment. The court ruled that the FTC lacked statutory authority to...more
At present, the Federal Trade Commission’s (FTC) final rule on non-competes (the “Rule”) is set to go into effect on September 4, 2024 for virtually every for-profit employer in the United States.
Though legal...more
On Wednesday, July 3, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. Federal Trade Commission granted a limited stay of the effective date for the Federal Trade Commission’s (FTC) final rule on...more
On April 23, 2024, the Federal Trade Commission (FTC), in a party-line vote, approved its final rule banning most non-compete agreements.
The final rule bans all non-competes nationwide, including de facto non-competes,...more
4/25/2024
/ Corporate Executives ,
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
On January 5, 2023, in a dramatic and far-reaching agency action, the Federal Trade Commission (FTC) published a notice of proposed rulemaking, effectively banning all non-compete agreements, nationwide. The FTC’s proposed...more
1/12/2023
/ Biden Administration ,
Compliance ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants
It’s no secret that the COVID-19 pandemic has caused a boom in remote work. But remote employees are not staying where their employer is; they’re moving to where they want to live. And employers are realizing that if their...more
Effective January 1, 2023, the California Privacy Rights Act (“CPRA”), will expand the California Consumer Privacy Act (“CCPA”) by granting employees additional rights over their personal information. Employers will now be...more
2/9/2022
/ California ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Collection ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Exemptions ,
Personally Identifiable Information ,
Privacy Acts ,
Regulatory Agenda ,
State and Local Government
On January 13, 2022, the Supreme Court issued its first rulings related to the Biden Administration’s COVID-19 vaccine mandates. In the case of NFIB v. OSHA, by a vote of 6-3, the Court held that the COVID-19 vaccination and...more
The Supreme Court repeatedly has enforced arbitration agreements according to their terms. The Court also has repeatedly found preempted state laws that attempt to limit the Federal Arbitration Act’s (“FAA”) objectives....more
On November 5, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) published an Emergency Temporary Standard (“ETS”) mandating employers implement “vax or test” policies for COVID-19. The ETS went into...more
On November 4, 2021, the Biden administration published two new rules governing employers with 100 or more employees and healthcare workers at hospitals, nursing homes and other facilities that participate in Medicare and...more
In a September 21, 2021 press release, Activision Blizzard confirmed that the SEC Enforcement Division issued a subpoena “to the Company and several current and former employees and executives regarding disclosures on...more
Executive Order requires agencies to implement requirement for COVID-19 vaccination for all Federal Employees and Safety Protocols for Federal Contractors -
On September 9, 2021, President Biden issued two Executive Orders...more
In response to the rise in app-based gig economy work and the passage of California’s Proposition 22, the California General Assembly is considering the Cooperative Economy Act, which aims to introduce a worker cooperative...more
King & Spalding’s April Client Alert provided an overview of and practical advice related to issues that an employer should consider before conducting an internal investigation in the United Kingdom: privilege, privacy,...more
BlackRock Doubles Down on Sustainability -
• BlackRock signals substantially more assertive posture on climate-related issues
• New approach to shareholder proposals saw BlackRock support 54% of environmental and social...more
4/23/2021
/ Benchmarking ,
BlackRock ,
Climate Change ,
Coronavirus/COVID-19 ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Environmental Social & Governance (ESG) ,
Institutional Shareholder Services (ISS) ,
Investment ,
Securities and Exchange Commission (SEC) ,
State Street ,
Sustainability ,
Transparency ,
Vanguard
It has been more than 30 years since the U.S. Securities and Exchange Commission (SEC) has significantly revised any disclosure requirements relating to employees. But in August 2020, after considering comment letters from...more
4/19/2021
/ Corporate Culture ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Equal Pay ,
Form 10-K ,
Health and Safety ,
Human Capital ,
Job Promotions ,
New Guidance ,
Proxy Statements ,
Publicly-Traded Companies ,
Regulation S-K ,
Securities and Exchange Commission (SEC) ,
Wellness Programs
The Biden Administration has made it clear that it will make significant changes to the American workplace, including expansion of and increased regulation of workers’ rights.
One of the areas of particular focus for...more
The COVID-19 pandemic has dramatically impacted society at every level in every part of the globe. The activity of working has particularly changed during the pandemic. Indeed, in many places, workers have been unable to work...more
2/24/2021
/ Australia ,
Coronavirus/COVID-19 ,
Employee Training ,
EU ,
Japan ,
Latin America ,
Mandatory Requirements ,
Reasonable Accommodation ,
Religious Exemption ,
UK ,
Vaccinations
As COVID-19 vaccines become more widely available and employers contemplate policies that will facilitate returning to the workplace, one important issue is whether employers can require employees to receive COVID-19...more
12/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Guidance Update ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Moderna Inc. ,
OSHA ,
Pfizer ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations