On April 23, 2025, President Donald Trump signed the “Restoring Equality of Opportunity and Meritocracy” executive order (the Disparate Impact EO) directing federal agencies to eliminate the use of disparate impact liability...more
There are several concurrent challenges to President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order (Anti-DEI EO). Previously, the U.S. District Court for the District of...more
4/2/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Illinois ,
Injunctions ,
Preliminary Injunctions ,
Reverse Discrimination ,
Title VII ,
Trump Administration
Virginia has expanded its limited prohibitions on the use of noncompetition agreements for “low-wage employees,” which have been in place since 2020. On March 24, 2025, Virginia Gov. Glenn Youngkin signed Virginia Senate...more
Following President Donald Trump’s issuance of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI) initiatives,...more
On March 14, 2025, the Fourth Circuit Court of Appeals stayed the nationwide preliminary injunction previously issued by the District of Maryland, which had enjoined certain aspects of Executive Order No. 14173, President...more
On February 21, 2025, the U.S. District Court for the District of Maryland preliminarily enjoined certain aspects of Executive Order No. 14173, President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based...more
2/26/2025
/ Affirmative Action ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Title VII ,
Trump Administration
The Department of Justice (DOJ) Antitrust Division (Division), together with the Department of Labor (DOL) and the Federal Trade Commission (FTC), recently issued two new sources of guidance continuing the increased focus on...more
1/24/2025
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
OSHA ,
Reporting Requirements ,
Retaliation ,
Whistleblowers
Last week, the United States District Court for the Southern District of Texas entered a preliminary injunction barring the U.S. Department of Labor (DOL) from pursuing an enforcement action against a federal contractor, ABM...more
Employers take note: a series of recent developments could impact the way that companies across the country handle non-competition restrictions and retention rules. First, recent developments in the legal challenges to the...more
On August 20, 2024, the Northern District of Texas issued its final ruling in Ryan, LLC. v. FTC on the merits of cross-motions for summary judgment, contesting the legality of the Federal Trade Commission’s (“FTC”)...more
On July 23, 2024, the Pennsylvania Eastern District Court upheld the Federal Trade Commission’s (FTC) Non-Compete Clause Rule (“Rule”), issued in April 2024 to prohibit most employee non-compete agreements. Earlier this...more
The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more
July 3rd, the Northern District of Texas issued a ruling regarding the Federal Trade Commission’s (FTC) Non‑Compete Clause Rule (“Rule”), which was set to prohibit most employee non‑compete agreements. In Ryan, LLC. v. FTC,...more
On April 25, 2024, Maryland Governor Wes Moore signed into law a new set of pay transparency requirements for all Maryland employers that will take effect on October 1, 2024. The Wage Range Transparency Act imposes new...more
As stated in original Client Alert, on April 23, 2024, the Federal Trade Commission (FTC) adopted a Non‑Compete Clause Rule (the “Rule”) prohibiting most employee non-compete agreements as unfair methods of competition. The...more
On April 23, 2024, the Federal Trade Commission (FTC) adopted a Non‑Compete Clause Rule (the “Rule”) prohibiting most employee non‑compete agreements as unfair methods of competition by a vote of 3 to 2. The Rule is a...more
On April 17, 2024, the Supreme Court decided Muldrow v. St. Louis, No. 22‑193, holding that Title VII of the Civil Rights Act of 1964 prohibits discriminatory job transfers that cause “some harm” with respect to the terms,...more
4/24/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On January 12, 2024, District of Columbia Mayor Muriel Bowser approved a new set of pay transparency requirements for D.C. employers that will take effect on June 30, 2024. The Pay Scale and Benefits Disclosure Amendment Act...more
Employers take note: a series of recent developments could impact employment agreements across the country.
SB 699: A New Addition to California Non-Compete Law-
Under California Business and Professions Code Section...more
10/9/2023
/ Assignment of Inventions ,
California ,
Collaboration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Information Sharing ,
Memorandum of Understanding ,
New York ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
State Labor Laws ,
Unenforceable Contract Terms ,
Wage and Hour
On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued GC Memorandum 23-08, asserting that non-compete agreements generally violate the National Labor Relations Act. Much like the...more
On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) published a draft Strategic Enforcement Plan (“SEP”) in the Federal Register. In it, the EEOC outlines the enforcement priorities that will guide its...more
On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed regulation that would ban non-compete agreements between workers and employers, with some limited exceptions (the “Proposed Rule”). The Proposed...more
California, New York City, Colorado, and Washington state recently have expanded or changed pay transparency and reporting laws, providing employees and applicants with greater access to pay data, and posing more risk for...more
On August 18, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (the “OFCCP”) issued a revised Directive clarifying how the Agency intends to review contractors’ compliance with the...more
On July 27, 2022, the D.C. Council enacted the long-awaited Non-Compete Clarification Amendment Act of 2022 (“the Amendment”), which amends the previously passed Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”)...more