On August 20, 2024, a judge in the U.S. District Court for the Northern District of Texas granted a nationwide injunction against the Federal Trade Commission’s (“FTC’s”) rule banning non-competes with employees (the “Rule”)....more
8/22/2024
/ Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Lack of Authority ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
Earlier this year, on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a final rule (the “Final Rule”) barring nearly all non-competition provisions for most workers in the United States. The Final Rule is set...more
Judge Ada Brown in the Northern District of Texas has stayed the effective date of the FTC’s Non-Compete Rule and granted plaintiffs’ motion for preliminary injunction against the Rule, effective July 3, 2024. The court found...more
On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in...more
On April 17, 2024, the U.S. Supreme Court held in Muldrow v. City of St. Louis, that discriminatory job transfers under Title VII require a showing of “harm” relating to an identifiable term or condition of employment, but...more
4/22/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
As we last reported in March, the Federal Trade Commission’s (the “Commission’s”) final vote on its Proposed Rule to Ban Noncompetes (“Proposed Rule”) was slated to take place as early as April 2024. Today, the Commission...more
Maryland is seeking to become the latest jurisdiction to require companies to disclose pay in job postings. On March 29, 2024, the Maryland Senate approved House Bill 649, Labor and Employment – Equal Pay for Equal Work –...more
On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to...more
2/1/2024
/ Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Job Ads ,
Lilly Ledbetter ,
Notice Requirements ,
NPRM ,
OFCCP ,
Pay Transparency ,
Proposed Rules ,
Salary/Wage History ,
Subcontractors
On September 8, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a list of 1,000 establishments for supply and service federal contractors selected to receive advance audit notices known as Corporate...more
9/12/2023
/ Affirmative Action ,
Audits ,
Bureau of Labor Statistics ,
Compensation ,
Contractor Audits ,
Corporate Management ,
CSALs ,
EEO-1 ,
FDIC ,
Federal Contractors ,
Hiring & Firing ,
NAICS ,
OFCCP ,
OMB ,
Pay Equity Laws ,
Scheduling Letters ,
TRICARE
In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara...more
On August 25, 2023, OFCCP announced that it received approval from the Office of Management and Budget (OMB) for its new Scheduling Letter and Itemized Listing, significantly expanding the information and data federal...more
8/28/2023
/ Affirmative Action ,
Audits ,
Compensation ,
CSALs ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
OFCCP ,
OMB ,
Pay Transparency ,
Scheduling Letters ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended...more
7/3/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Hiring & Firing ,
Non-Discrimination Rules ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
On May 30, 2023, the National Labor Relations Board’s (the “NLRB’s”) General Counsel Jennifer Abruzzo (the “General Counsel”) issued Memo General Counsel 23-08 (the “Memo”), expansively finding that non‑competes with...more
On May 16, 2023, the Minnesota legislature passed SF 3035 (the “Bill”), banning nearly all post-termination non-compete agreements with employees and independent contractors. Although the Bill marks another state in the trend...more
The General Counsel for the National Labor Relations Board (the “NLRB”) recently issued Memorandum GC 23-05 (the “Memorandum”), expansively interpreting the reach of the McLaren Macomb (“McLaren”) decision and raising more...more
On March 16, 2023, the Delaware Chancery Court in Intertek Testing Services NA, Inc. v. Eastman found a sale-of-business non-compete was overbroad, given its worldwide geographic scope, and refused to modify it to make it...more
With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI)...more
Pay equity and transparency have become a focal point for lawmakers, regulators, shareholders, employees, and the public. Employers are increasingly challenged with trying to navigate the growing patchwork of pay equity and...more
3/9/2023
/ Continuing Legal Education ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
OFCCP ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Transparency ,
Wage and Hour ,
Webinars
Join Morrison Foerster and DCI Consulting as they explore these trends and provide practical steps for businesses to stay in compliance and mitigate risk. Topics to be discussed include:
- The growing patchwork of pay...more
In a reversal of Trump-era National Labor Relations Board (the “Board”) precedent, the Board found last week in McLaren Macomb that non-disparagement and confidentiality provisions in a severance agreement violate the...more
With a potential recession looming and a growing number of companies announcing significant layoffs almost daily, employers are increasingly considering reductions in force (RIFs) to weather the financial uncertainty in the...more
2/14/2023
/ Collective Bargaining Agreements (CBA) ,
Disparate Impact ,
Documentation ,
Employer Liability Issues ,
Layoffs ,
Privileged Communication ,
Reduction of Force ,
Risk Assessment ,
Separation Agreement ,
Severance Agreements ,
Wage and Hour ,
WARN Act
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a list of 500 contractor establishments scheduled to receive advance audit notices known as Corporate Scheduling Announcement Letters...more
With California’s new pay transparency and pay reporting obligations under S.B. 1162 now in effect, employers are seeking answers on various open questions for complying with the new law. As we previously reported, S.B. 1162...more
On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule broadly seeking to ban non-compete agreements with nearly all U.S. workers, with only limited exceptions. The proposed rule would:
•make it...more
20 second read: While courts generally appear to give greater deference to enforcement of sale of business non-competes, at least one Delaware court confirmed that if a court thinks the restrictions go beyond the scope of the...more