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Challenge Denied: District Court Rules That FTC's Impending Nationwide Ban on Noncompetes Is Unlawful and Blocks Its...

As previously alerted, the Federal Trade Commission (FTC or Commission) voted 3-2 this past April to publish and issue a final rule that (1) bans for-profit employers from entering into agreements with workers that impose a...more

US Department of Labor Announces Final Rule Increasing Salary Thresholds For Overtime Exemptions (Updated)

UPDATE: On 3 July 2024, the Northern District of Texas preliminarily enjoined the US Federal Trade Commission from implementing and enforcing its Final Rule banning non-competes against the US Chamber of Commerce, the...more

US Department of Labor Announces Final Rule Increasing Salary Thresholds For Overtime Exemptions

On 23 April 2024, the US Department of Labor (DOL) announced a Final Rule raising the minimum salary and annual compensation thresholds to qualify for the executive, administrative, or professional (White Collar) exemptions...more

Challenge Accepted: Federal Trade Commission Issues Final Rule Banning Noncompete Agreements for Most Workers

On Tuesday, 23 April 2024, the Federal Trade Commission (FTC or Commission) hosted a Special Open Commission Meeting, in which the Commissioners voted 3-2 to publish and issue a Final Rule that: bans for-profit employers from...more

Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and...

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information...more

DOL Announces Final Rule Affecting Independent Contractor Classification Under the FLSA

Introduction - On 10 January 2024, the US Department of Labor (DOL) published a final rule (Final Rule) that significantly changes the test for determining whether a worker is an independent contractor or employee under the...more

DOJ Jettisons Its Last Criminal No-Poach Prosecution, but Antitrust Scrutiny of Labor Markets is Here to Stay

Nearly seven years after first announcing its intent to criminally prosecute employers and individuals for anticompetitive conduct in labor markets, the Department of Justice Antitrust Division (DOJ or Division) voluntarily...more

A Last Minute, Temporary Reprieve for Chicago Employers: Chicago Amends Paid Sick Leave Ordinance

With the 31 December 2023 effective date for the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (Ordinance) rapidly approaching, the Chicago City Council passed an amendment on 14 December 2023 (Amendment), which...more

Chicago Employers: Prepare For New Paid Leave Ordinance Effective 31 December 2023

On 9 November 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance1(the Ordinance). The Ordinance takes effect on 31 December 2023, and replaces Chicago’s current paid sick leave...more

EEOC Proposes Rules to Implement the Pregnant Workers Fairness Act

On 11 August 2023, the US Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA), a new law that protects the rights of pregnant and...more

When Hot Is Too Hot: Workplace Safety Considerations for Employers as the Temperatures Climb

According to the Bureau of Labor Statistics, since 2011, over 400 workers in the United States have died from environmental heat exposure, while thousands of other workers suffered from medical conditions related to...more

US Supreme Court Unanimously Adopts Heightened "Undue Hardship" Standard in Title VII Religious Accommodation Analysis

Overview - As of 29 June 2023, employers must modify their practices when evaluating requests for religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), because “undue hardship” is no longer...more

New Pregnant Workers Fairness Act Provides Protections For Pregnancy-Related Conditions

Effective 27 June 2023, the Pregnant Workers Fairness Act (PWFA) is a new law that closes a gap in coverage under federal law for pregnant and postpartum workers and applicants. This new law guarantees the affirmative right...more

EEOC Issues Nonbinding Guidance on Permissible Employer Use of Artificial Intelligence to Avoid Adverse Impact Liability Under...

On 18 May 2023, the US Equal Employment Opportunity Commission (EEOC) issued nonbinding guidance on how existing federal anti-discrimination law may apply to employers’ use of artificial intelligence (AI) when hiring, firing,...more

NLRB General Counsel Seeks to Outlaw Most Noncompetition Agreements

Introduction - On 30 May 2023, the Office of the General Counsel (the General Counsel) of the National Labor Relations Board (the Board) issued a policy memo (30 May GC Memo) expressing its position that noncompetition...more

Post-Pandemic Employer Considerations: EEOC Updates COVID-19 Technical Guidance as Public Health Emergency Expires

While many have moved on from thinking about COVID-19 and its impact on daily life, employers are reminded that despite the expiration of the public health emergency (PHE), there are still workplace considerations related to...more

Illinois Guarantees One Week of Paid Leave for All Workers

On 13 March 2023, Governor J.B. Pritzker signed the “Paid Leave for All Workers Act” (the Act), which guarantees that Illinois workers can earn or accrue up to 40 hours of paid leave per year that may be used for any reason....more

Silicon Valley Bank Collapse: Implications for Employers

UPDATE: SVB depositors are expected to be able to access their deposits on 13 March, 2023. We are closely watching developments on this topic. For more information, refer to this Joint Statement by the Department of the...more

FTC Proposes Sweeping Ban on Employee Noncompete Clauses: What Employers Need to Know, Proposed Alternatives, and Opportunity for...

The Federal Trade Commission (FTC) has kicked off 2023 by unveiling a Notice of Proposed Rulemaking (Proposed Rule) that would ban companies from entering into noncompete agreements with their workers and render void all...more

Respect for Marriage Act Reaffirms Protections for Same-Sex and Interracial Marriages

A recently enacted federal law serves as a reminder to employers to ensure their workplace policies and procedures, including those relating to employee benefits, should not discriminate on account of an employee’s marital...more

Here We Go Again: Considerations for Employers in Addressing Monkeypox in the Workplace (Updated)

This article has been updated since its original release date of 28 July 2022. As the world continues to struggle with the ongoing COVID-19 pandemic, another infectious disease is raising alarm bells on the global stage. On...more

Here We Go Again: Considerations for Employers in Addressing Monkeypox in the Workplace

As the world continues to struggle with the ongoing COVID-19 pandemic, another infectious disease is raising alarm bells on the global stage. On 23 July 2022, the World Health Organization (WHO) declared monkeypox a “public...more

Federal Agencies Signal Further Hostility Towards Noncompetition Agreements

On 9 July 2021, President Biden issued an executive order (EO) tasking the Treasury Department, in combination with the Department of Justice (DOJ), the Department of Labor (DOL), and the Federal Trade Commission, with...more

OFCCP and Federal Contractors are Significant Focus of Executive Branch Actions for Equal Pay Day

This Alert addresses the following: The Office of Federal Contract Compliance (OFCCP) has issued its first Directive of the Biden Administration, the Pay Equity Audit Directive (DIR 2022-01) (Directive)....more

Path out of the Pandemic: Employer Considerations Under the National COVID-19 Preparedness Plan

On 2 March 2022, President Biden released his administration’s National COVID-19 Preparedness Plan (Plan) to “enable America to move forward safely” from the COVID-19 pandemic. The Plan focuses on four main areas—(1)...more

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