Non-Compete Clauses Banned By The FTC - In January 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking for a comprehensive ban on employee non-compete clauses. The FTC received over 26,000 comments...more
On February 18, 2020 Governor Phil Murphy announced new legislation aimed at amending New Jersey's Law Against Discrimination ("LAD") to set a new standard for businesses in New Jersey. ...more
On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the...more
Earlier this summer the New York State Senate and Assembly passed a bill aimed to amend the New York State Human Rights Law (NYSHRL) and the N.Y. Civil Practice Law and Rules (CPLR) to combat harassment and provide...more
The New York State Legislature and Governor Cuomo have been busy in 2019 enacting laws that will have a lasting impact on employers and workers in the Empire State for years to come. Among these are bans on inquiring about...more
In December 2018 the New York City Council passed legislation adding "sexual and reproductive health decisions" to the list of protected classes under the City’s Human Rights Law. ...more
In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today's modern gig economy....more
Most New York employers know about the state's election leave law, but may have never thought much about it since hanging the required poster in the break or copy room. However, new changes passed by the state legislature...more
On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test....more
On April 28, 2018 New Jersey Governor signed the Diane B. Allen Equal Pay Act into law. The Equal Pay Act amends New Jersey’s existing Law Against Discrimination (referred to as "LAD") by requiring equal pay across all...more
On January 25, 2019, the NLRB repealed the test devised by the Obama Board to determine whether an individual is an employee or an independent contractor under the National Labor Relations Act ("NLRA"). Critically, the NLRA...more
On January 15, 2019 legislators in New York passed the Gender Non-Discrimination Act (or "GENDA"). GENDA, which had been pending before the state legislature for more than 15 years, was formally signed by Governor Cuomo last...more
In January 2018, the District Court for the District of Colorado rejected a cannabis company's argument that it was not subject to the Fair Labor Standards Act (FLSA) because it was engaged in an industry "entirely forbidden"...more