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FTC Passes Sweeping Noncompete Ban

On April 23, 2024, the Federal Trade Commission (FTC) voted 3 – 2 in favor of banning all post-employment noncompete agreements. The ban will take effect 120 days after the final rule is published in the Federal Register....more

What’s New and What’s on the Horizon?

As we reported in October 2023, noncompete agreements continue to receive widespread scrutiny – a trend that has continued in the first quarter of 2024. In this update, we describe what you need to know about the latest...more

District of Columbia Joins Pay Transparency Bandwagon

On June 30, 2024, the District of Columbia Wage Transparency Omnibus Amendment Act of 2023 takes effect, paving the way for new pay transparency obligations for DC employers. The amendment, which Mayor Muriel Bowser...more

California Releases Workplace Violence Prevention Guidance

California’s Division of Occupational Safety and Health (Cal/OSHA) recently published guidance to assist employers in complying with Senate Bill 553 ahead of the law’s employer compliance date of July 1, 2024. As we reported...more

US Department of Labor Issues Final Rule on Independent Contractor Status

On January 10, 2024, the US Department of Labor (DOL) published its final rule for modifying its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act...more

Year-End Tasks for US Employers Facing Compliance Obligations

In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key...more

California Employers Facing New Employment Laws for 2024

California Gov. Gavin Newsom recently signed several new employment laws impacting California employers. Unless otherwise specified, those laws, which are summarized below, take effect on January 1, 2024....more

How Does the Latest Crackdown on Noncompete Agreements Affect Employers?

Noncompete agreements have come increasingly under attack at the federal and state level in 2023. In this alert, we review notable recent developments on the legality of continuing to use noncompete agreements in the...more

10-Step Plan for Employers Using Artificial Intelligence in Employment Processes

Artificial intelligence has transformed the way we live, work and even think. While AI offers seemingly endless potential benefits in the workplace – including improvements in efficiency, cost cutting and innovation –...more

What’s Required Now and What’s Next?

As the summer winds down, multistate employers must remain apprised of an ever-increasing number of obligations in the area of pay transparency. Below, we highlight recent developments to existing pay transparency laws,...more

USCIS Launches New Form I-9, Alternative Procedure for Virtual Documentation Inspection

The US Citizenship and Immigration Services (USCIS) recently launched a new Form I-9 for employers verifying employment eligibility and announced a new alternative procedure permitting certain employers to inspect employees’...more

Colorado Enacts New Protections for Employees

In June 2023, Colorado Gov. Jared Polis signed into law the Protecting Opportunities and Workers’ Rights (POWR) Act, which, among other things, substantially limits the use of nondisclosure agreements, lowers the burden of...more

Supreme Court Clarifies Standard for Employers Evaluating Religious Accommodation Requests

On June 29, 2023, the US Supreme Court issued a decision clarifying the standard employers must apply in considering an employee’s religious accommodation request under Title VII of the Civil Rights Act. In Groff v. DeJoy,...more

Supreme Court’s Affirmative Action in Education Ruling Leaves Employment Diversity Initiatives Untouched – for Now

On June 29, 2023, the US Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (decided with Students for Fair Admissions, Inc. v. University of North Carolina, et al.) that race...more

Key Principles From EEOCs Latest Guidance on Employers Use of AI Tools

Recently, the US Equal Employment Opportunity Commission (EEOC) made clear that it intends to make discrimination caused by artificial intelligence (AI) tools an enforcement priority over the next four years. This enforcement...more

10 Actionable Compliance Steps for Massachusetts Employers

Massachusetts employment laws are notoriously complex. Employers face the constant challenge of managing their workforces while also complying with the commonwealth’s ever-evolving legal requirements. Below we have listed 10...more

NLRB Reverts to Prior Policy Restricting Employee Nondisparagement and Confidentiality Provisions

On February 21, 2023, the National Labor Relations Board (NLRB) returned to long-standing precedent that an employer may not offer severance conditioned on an employee’s agreement to broad nondisparagement and confidentiality...more

Federal Court Holds Massachusetts Employers May Use Stock Options As Consideration for Noncompetes

US District Judge Patti B. Saris of the US District Court for the District of Massachusetts recently held that stock options will suffice as “mutually agreed upon consideration” and “fair and reasonable consideration” under...more

Washington State’s Silenced No More Act: What Employers Need to Know

Background Washington state’s Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, took effect June 9, 2022, and prohibits nondisclosure and nondisparagement provisions that prevent an employee or...more

Massachusetts High Court: Employees Can’t Reap Commonwealth’s Wage Act Protections Solely for FLSA Violations

On April 14, 2022, the Massachusetts Supreme Judicial Court held that employees seeking to recover damages solely for violations of the federal overtime law are precluded from alternatively pursuing remedies under the...more

Alert: Virginia Enacts Permanent COVID-19 Employee Health and Workplace Safety Regulations

On January 13, the Virginia Department of Labor and Industry’s Safety and Health Codes Board voted to enact a permanent workplace safety rule to protect employees from COVID-19 exposure, making Virginia one of the first...more

Alert: End-of-Year Employer Reminders Regarding COVID-19 Paid Sick Leave, Reporting Obligations in California

With legislative activity around COVID-19 is continuing at a steady pace, it is easy to lose track of the myriad requirements applicable to employers, especially those requirements applicable to employees reporting into a...more

Alert: San Francisco Enacts ‘Right to Reemployment’ Ordinance

In response to unprecedented unemployment levels caused by the COVID-19 pandemic, the San Francisco Board of Supervisors passed an emergency ordinance on June 23, 2020, that imposes rehiring, notice and reporting obligations...more

Alert: US Supreme Court Recognizes Title VII Protections to LGBTQ Employees

On June 15, 2020, the Supreme Court of the United States "at last" issued a 6-3 decision in which it "did not hesitate" to extend protection under Title VII of the Civil Rights Act of 1964 to gay and transgender workers....more

Alert: San Jose + San Francisco Enact Temporary Emergency Paid Sick Leave Requirements for Employers Not Covered by FFCRA

As mentioned in previous Cooley alerts, the federal Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees to provide emergency paid sick leave to eligible employees. San Jose...more

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