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Employers Beware: FTC Announces Final Rule Banning Worker Non-Competes

The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions. The FTC Final Rule imposes a...more

The Ayes Have It: Dartmouth Men’s Basketball Team Is the First Student-Athletes to Unionize

The Dartmouth Men’s Basketball Team voted 13-2 in favor of being represented by SEIU Local 560. Dartmouth now has until March 12 to file objections to the election results....more

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

Employers Face Greater Misclassification Risk Under Resurrected Federal Independent Contractor Rule, Opening Door to Substantial...

On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more

Practical Implications of the DOL’s Proposed Increase to the Minimum Salary Level for Exempt Employees

The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually. The proposed rule would also raise the threshold for “highly compensated...more

Pointers for Employers on the Proposed Regulations Interpreting the PWFA

On Friday, August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations that expand the definitions of medical conditions that may require employer accommodations under the Pregnant Workers...more

Adolph v. Uber Technologies, Inc.: Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims May Still Litigate...

To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation....more

New York Legislature Votes to Ban Non-Competes, Will Become Law if Governor Signs

The New York legislature has passed a bill banning future employee non-competes, regardless of pay thresholds or job functions, and even in the sale-of-business context. The bill allows limited customer non-solicitation...more

NLRB Invalidates Common Confidentiality and Non-Disparagement Clauses in Severance Agreements

The NLRB recently deemed broad confidentiality and non-disparagement provisions in a severance agreement for non-supervisory workers unlawful, in a decision likely to have broad implications for employers in both unionized...more

Employment Law in the Golden State: 2023 Updates

A number of recent case law and regulatory updates—at both the state and federal levels—carry important implications for California employers in the upcoming year....more

Employers Take Note: FTC Releases Notice of Proposed Rulemaking Banning Worker Non-Competes

The Notice would ban all existing and future non-compete agreements with workers, with a narrow exception in connection with the sale of a business by any individual holding at least a 25% interest in such business. The...more

Recalculating the Cost of Lunch

The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.” The California Supreme Court held that employers must pay non-exempt...more

California Releases New Reopening Guidance for Employers

Employers looking to reopen or continue in-person operations should be aware of the new Employer Playbook and FAQs issued by the California Department of Public Health. California has issued industry-specific guidance,...more

NLRB Establishes New Test for Employer Discharge of Employees for Abusive Comments

New standard grants more leeway to employers to prohibit abusive conduct, even in connection with otherwise protected, concerted activity. The Board’s new standard will allow employers more predictability and discretion to...more

Virginia Makes Significant Changes to State Employment Laws

Virginia employers must comply with a host of new employment laws. Virginia has enacted a number of significant changes to its employment laws to establish new protections and rights for employees. These changes...more

U.S. Supreme Court Upholds Job Protection for Gay and Transgender Employees

The U.S. Supreme Court held that Title VII’s prohibition against sex discrimination encompasses a prohibition against employment discrimination on the basis of sexual orientation or gender identity. Employers who were not...more

Understanding the Unemployment Insurance Provisions in the CARES Act

The Department of Labor issues guidance on federally funded initiatives to increase individuals’ unemployment insurance entitlement under the CARES Act. States may temporarily increase unemployment compensation by $600 per...more

COVID-19: DOL Issues Temporary Final Rule on Expanded Paid Sick and Family Leave Entitlements

U.S. Family First Coronavirus Response Act (FFCRA) paid sick leave provisions became effective April 1, 2020. Final Temporary Rule from Department of Labor (DOL) provides employers with additional interpretive guidance,...more

Significant Changes Ahead for California Employers, Effective January 1, 2020

California Governor Gavin Newsom has signed numerous pro-employee bills into law that will impact all Golden State employers starting January 1, 2020. For now, preparation and compliance planning are essential. Employers...more

New Cybersecurity and Privacy Law in New York Affects Employers in New York and Beyond

The SHIELD Act will impose substantial new obligations on any employer with an employee residing in New York State, as well as on many employers across the country that conduct online hiring. Regardless of their location or...more

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