President Trump wasted no time shaking up the labor and employment law landscape. As anticipated, Trump discharged NLRB General Counsel, Jennifer Abruzzo, a Biden appointee serving a four-year term. ...more
Join Kelley Drye for an insightful webinar, "Trump Reframes the EEO Agenda: What Does It Mean for Your Business?" This session will explore the impact of the Trump administration’s new direction on DEI, gender identity,...more
1/27/2025
/ Anti-Discrimination Policies ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Gender Identity ,
Hiring & Firing ,
National Origin Discrimination ,
Religious Accommodation ,
Reverse Discrimination ,
Transgender ,
Trump Administration ,
Webinars
Less than 24 hours after assuming the presidency, Donald Trump announced significant changes in the leadership and focus of the Equal Employment Opportunity Commission (“EEOC”), as well as other policy changes which will...more
1/23/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Deregulation ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Executive Orders ,
Labor Reform ,
LGBTQ ,
Regulatory Agenda ,
Title VII ,
Trump Administration
2024 has been the year of noncompete litigation. Since the Federal Trade Commission (FTC) announced its Final Rule in April 2024, seeking to ban noncompetes with limited exceptions, employers have been (rightfully) focused on...more
On October 22, 2024 the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule (that we reported about here). However, the CFPB did not rest there, two days later it...more
On November 5, 2024, voters will decide the presidential election, and on January 20, 2025, the new president will be inaugurated. Voters will also decide which party will retain control of the House and Senate, a rare...more
The ability of employers to legally enforce noncompetition restrictions received a big win last week when a federal court in Texas set aside the Federal Trade Commission’s (FTC) Final Rule seeking to ban noncompete clauses...more
Generally speaking, it’s difficult to drum up excitement about administrative law (except amongst those of us who deal regularly in the labor and employment law arena and other highly regulated areas of law). That has now...more
7/23/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
Governor Kathy Hochul recently signed the New York State Budget for fiscal year 2025. The budget includes bills enacting paid lactation breaks and paid prenatal leave, as well as ending paid COVID-19 leave....more
A U.S. Supreme Court with a conservative majority is still capable of surprising us. In Muldrow v. St. Louis, the Court lightened the burden on employment discrimination plaintiffs by lowering the legal ‘bar’ for an employee...more
If your company qualifies for the EPRC requirement, but has not yet applied for an EPRC, you should act now to meet compliance requirements. In the summer of 2021, Illinois Governor J.B. Pritzker signed into law several...more
We have previously discussed the impact of the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellow of Harvard College (SFFA) on diversity, equity and inclusion in the employment...more
The long-awaited death of noncompetes in New York is—forgive the pun—dead in the water, at least for now. On December 22, 2023, Governor Hochul vetoed pending legislation that would have effectively banned noncompetition...more
Effective November 17, 2023, Governor Hochul signed a new law impacting settlement agreements resolving claims of harassment, discrimination and retaliation. The new law, S4516 amends Section 5-336 of the New York General...more
The Equal Employment Opportunity Commission (“EEOC”) has published draft enforcement guidance regarding workplace harassment entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” If made final, this would...more
In a significant but not surprising move, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking on August 30, 2023, proposing to increase the Fair Labor Standards Act’s (“FLSA’s”) minimum salary threshold for...more
If your business deals with any kind of sensitive proprietary information or sensitive client or customer relationships (read, many of you), you probably use various forms of restrictive covenants—noncompetition,...more
New York City is poised to become the largest city in the nation to ban discrimination on the basis of a person’s height or weight.
Earlier this month, the New York City Council passed Bill INT 0209, new legislation that...more
There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements.
During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to...more
The Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate almost all employers in the nation. If this proposal becomes final it could also prohibit...more
When the FTC proposes a rule that could regulate nearly every employer in the nation, we take notice. In this second installment of our series on the FTC’s proposed rule to ban noncompete agreements, we provide a pragmatic...more
1/17/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
The NYC Pay Transparency Law will go into effect this week. Starting November 1, 2022, employers with four or more employees advertising jobs in NYC must include the minimum and maximum salary that the employer believes in...more
The Equal Opportunity Commission (EEOC) updated its “Technical Assistance Questions and Answers” as of July 12, 2022 to reflect new standards for COVID-19 screening in the workplace. The updated Q&A can be found here. The...more