Times they are a-changin’ … with a flurry of moves and terminations, the new administration has signaled a reverse within the federal labor and employment landscape. These changes will have significant impacts on current...more
2/25/2025
/ Covered Entities ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Labor Reform ,
NLRB ,
Regulatory Agenda
The Federal Trade Commission’s (FTC) ambitious attempt to implement a nationwide ban on non-compete agreements (with limited exceptions) has hit a significant legal roadblock. On August 20, 2024, U.S. District Judge Ada Brown...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Government Agencies ,
Non-Compete Agreements ,
Popular ,
Statutory Authority ,
Statutory Interpretation ,
Texas
As we move into the latter half of 2024, several notable changes are shaking up employment law across the U.S. The Federal Trade Commission (FTC) is preparing to enforce a new rule banning most noncompete agreements starting...more
8/7/2024
/ Blocking Statutes ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Joint Employers ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Pay Equity Laws ,
Pay Transparency ,
Popular ,
Regulatory Agenda ,
State and Local Government ,
Unions ,
Wage and Hour
April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more
4/24/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Exempt-Employees ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Compete Agreements ,
Over-Time ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition ,
Wage and Hour ,
White-Collar Exemptions
As we’ve said before, one of the easiest and least expensive tools for businesses to reduce liability and insulate from (at least some) risk, is often the one most frequently overlooked. Creating, promulgating, and most...more
3/26/2024
/ Department of Labor (DOL) ,
Employee Handbooks ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
NLRB ,
Policies and Procedures
The Securities and Exchange Commission (SEC) recently settled charges against J.P. Morgan Securities LLC (JPMS) for impeding hundreds of advisory clients and brokerage customers from reporting potential securities law...more
2/22/2024
/ Banks ,
Civil Monetary Penalty ,
Confidentiality Agreements ,
Dodd-Frank ,
Enforcement Actions ,
Financial Institutions ,
JPMorgan Chase ,
Reporting Requirements ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Violations ,
Settlement ,
Voluntary Disclosure ,
Whistleblower Protection Policies ,
Whistleblowers
As could be expected in 2023, employers have had to adapt to an ever-changing landscape of employment laws, regulations, and in the case of the National Labor Relations Board (NLRB) a growing library of general counsel...more
12/28/2023
/ Artificial Intelligence ,
Cannabis Products ,
Child Labor ,
Compensation ,
Department of Labor (DOL) ,
Drug Testing ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
Labor Regulations ,
Marijuana ,
Minimum Wage ,
NLRB ,
Pay Transparency ,
Unions ,
Videoconference ,
Wage and Hour
The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more
10/11/2023
/ Anti-Harassment Policies ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Reform ,
Labor Regulations ,
New Guidance ,
NLRA ,
NLRB ,
No-Poaching ,
Non-Compete Agreements ,
Oral Communications ,
OSHA ,
Policies and Procedures ,
Proposed Regulation ,
Protected Activity ,
Regulatory Agenda ,
Regulatory Standards ,
Unions ,
Wage and Hour
So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more
7/18/2023
/ Anti-Discrimination Policies ,
Civil Rights Act ,
De Minimis Claims ,
Discrimination ,
Drug Testing ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Glacier Northwest v International Brotherhood of Teamsters ,
Groff v DeJoy ,
Human Rights ,
Labor Reform ,
Labor Regulations ,
Marijuana ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Off-Duty Employees ,
Performance Reviews ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Requirements ,
Religious Accommodation ,
Reporting Requirements ,
Right to Strike ,
SCOTUS ,
Section 7 ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Unions
It’s spring 2023, live entertainment is back, and perhaps so is the Internal Revenue Service (“IRS”). The Inflation Reduction Act, signed into law on August 16, 2022, authorizes $80 billion in funding for the IRS over the...more
4/26/2023
/ ABC Test ,
Classification ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Entertainment Industry ,
Independent Contractors ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Misclassification ,
Popular ,
State and Local Government ,
Venue
As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more
4/3/2023
/ Amended Legislation ,
Anti-Discrimination Policies ,
Arbitration Agreements ,
Covered Employees ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Former Employee ,
Local Ordinance ,
Medical Leave ,
New Legislation ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Paid Family Leave Law ,
Paid Leave ,
Pay Transparency ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Legislation ,
Reasonable Accommodation ,
Rest and Meal Break ,
Severance Agreements ,
State and Local Government ,
State Labor Laws ,
Unfair Labor Practices
Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and...more
2/9/2023
/ Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Employee Definition ,
Employee Handbooks ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
FEPA ,
Labor Regulations ,
NLRB ,
Notice Requirements ,
State Labor Laws ,
Wage and Hour
On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more
1/11/2023
/ Biden Administration ,
Comment Period ,
Competition ,
Confidentiality Agreements ,
Constitutional Challenges ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Former Employee ,
FTC Act ,
Independent Contractors ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more
1/9/2023
/ Classification ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
College Athletes ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Off-Duty Employee Access ,
Proposed Regulation ,
Proposed Rules ,
Section 7 ,
Student Athletes ,
Unfair Labor Practices ,
Wage and Hour
The coming new year brings new changes, new goals, and newly amended employment laws. Although some jurisdictions jumped the gun (looking at you D.C. noncompete law), starting on January 1, many states are implementing new...more
12/20/2022
/ Amended Legislation ,
Automated Decision Systems (ADS) ,
Cannabis Products ,
Data Protection ,
Employees ,
Employer Liability Issues ,
Hairstyle Discrimination ,
Labor Regulations ,
Leave of Absence ,
Marijuana ,
Minimum Wage ,
New Legislation ,
New Regulations ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Paid Sick Leave ,
Pay Equity Laws ,
Pay Transparency ,
Popular ,
Privacy Laws ,
State and Local Government ,
State Labor Laws ,
State Privacy Laws ,
Wage and Hour
Following similar movement by the Equal Employment Opportunity Commission (“EEOC”), which recently released guidance on the use of artificial intelligence by employers, National Labor Relations Board (“NLRB”) General Counsel...more
In its first update since 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new “Know Your Rights” poster to replace its older “Equal Employment Opportunity is the Law” poster. As a refresher,...more
11/2/2022
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Notice Requirements ,
Pay Transparency ,
Popular ,
Wage and Hour
Throughout recent years, the use of artificial intelligence (“AI”) software in the recruitment and hiring of employees has rapidly increased in popularity. AI software has gained traction as a valuable tool in streamlining...more
9/14/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Innovative Technology ,
Job Applicants ,
Reasonable Accommodation ,
Software