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
On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to...more
10/4/2022
/ California ,
Disclosure Requirements ,
Employer Liability Issues ,
Job Descriptions ,
New Legislation ,
Pay Data ,
Pay Transparency ,
Posting Requirements ,
Record Retention ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
On September 15, 2022, OFCCP announced that it is extending the September 19, 2022 deadline for contractors to object to Type 2 EEO-1 Reports in response to the Freedom of Information Act (FOIA) request by the Center for...more
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41...more
In the latest employment-related collaborations under President Biden, the U.S. Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”) both recently announced new partnerships with the National...more
On July 12, 2022, the D.C. Council amended the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Amendment”), walking back from an earlier version of the bill that, as we previously discussed, contemplated a nearly...more
On July 15, 2022, the U.S. Department of Labor (DoL) published a 160-page Notice of Proposed Rulemaking (NPRM) to implement Executive Order (EO) 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” seeking...more
7/19/2022
/ Contractors ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Notice of Proposed Rulemaking (NOPR) ,
Recordkeeping Requirements ,
Right of First Refusal ,
Service Contract Act ,
Service Contracts ,
Waivers
Continuing the ongoing trend of states placing restrictions on employee non-competes, on May 10, 2022, the Colorado General Assembly passed a bill amending C.R.S. § 8-2-113 (the “Amendment”) and adding significant limitations...more
5/18/2022
/ Choice-of-Law ,
Choice-of-Venue ,
Colorado ,
Confidentiality Agreements ,
Employer Liability Issues ,
Governor Polis ,
Highly Compensated Employees ,
New Hires ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Notice Requirements
In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the...more
4/6/2022
/ Audits ,
Corporate Counsel ,
CSALs ,
Equity ,
Extraordinary Circumstances Exception ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Notice of Proposed Rulemaking (NOPR) ,
OFCCP ,
Subcontractors ,
Title VII ,
Transparency
On Thursday, February 10, 2022, the United States Senate passed H.R. 4445, which will amend the Federal Arbitration Act (FAA) to ban all pre-dispute arbitration agreements and class and collective action waivers covering...more
On January 27, 2022, the U.S. District Court for the District of Arizona joined the growing list of courts that have preliminarily enjoined Executive Order 14042 (which imposes COVID safety protocols on government...more
The Supreme Court has blocked a Biden administration rule relating to COVID-19 vaccine requirements, while allowing another to take effect. The now-blocked rule, issued by the Occupational Safety and Health Administration...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social...more
12/9/2021
/ Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
Joe Biden ,
OSHA ,
Preliminary Injunctions ,
Subcontractors ,
Vaccinations ,
Virus Testing
On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually...more
Since our October 14, 2021 webinar, much has developed in the rapidly evolving compliance world of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO” or “EO 14042”). In case you...more
11/12/2021
/ Americans with Disabilities Act (ADA) ,
COFC ,
Coronavirus/COVID-19 ,
Covered Employer ,
Davis-Bacon Act ,
Department of Veterans Affairs ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Federal Supply Schedule (FSS) ,
General Services Administration (GSA) ,
GWACs ,
HUD ,
NASA ,
OMB ,
OSHA ,
Prime Contractor ,
Religious Accommodation ,
Service Contract Act ,
Subcontractors ,
Vaccinations ,
Virus Testing