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SEC, whistleblowers and impact on employment-related agreements

On September 9, 2024, the U.S. Securities and Exchange Commission announced it had settled charges against seven public companies that utilized employment and employment-related agreements that the SEC believed violated its...more

Texas Court Bars Nationwide Enforcement of FTC Rule Banning Non-Compete Agreements

On August 20, 2024 a Texas federal judge blocked, on a nationwide basis, enforcement of the Federal Trade Commission (FTC)’s rule banning non-compete agreements (the “Non-Compete Rule”), which had been slated to take effect...more

Texas Federal Court grants preliminary injunction blocking FTC rule banning non-compete agreements

On July 3, 2024, a Texas federal judge issued a preliminary injunction postponing the September 4, 2024 effective date of the Federal Trade Commission (FTC)’s final rule banning non-compete agreements (the Non-Compete Rule)...more

DOJ enforcement of U.S. export controls compliance in context of anti-discrimination laws: 2024 update

Businesses working with U.S. export-controlled technology are subject to U.S. export control laws which impose restrictions on the release of such technology to certain foreign persons—even within U.S. borders. A company that...more

U.S. DOL finalizes rule to significantly increase compensation thresholds for exempt status

On April 23, 2024, the U.S. Department of Labor (DOL) issued its final rule significantly increasing the compensation thresholds that must be met for employees to be classified as exempt from overtime pay requirements under...more

FTC finalizes rule banning non-compete agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method...more

Proposed pay equity and transparency rule stands to significantly impact contractor employment practices

On January 30, 2024, the Federal Acquisition Regulatory Council (“FAR Council”) proposed a new “pay transparency” rule. This rule, if it takes effect, would amend the Federal Acquisition Regulation (“FAR”) to implement a new...more

U.S. Department of Labor announces final rule on independent contractor classification

On January 10, 2024, the U.S. Department of Labor (DOL) published a final rule that revises the standard for determining whether a worker is properly classified as an employee or an independent contractor under the Fair Labor...more

Attention D.C. employers: New pay transparency obligations on the horizon

The District of Columbia is set to join the growing list of jurisdictions across the United States. that require employers to disclose pay information in job listings. The D.C. Council approved, and on January 12, 2024, Mayor...more

2023 Doing Business in the United States

The U.S. is one of the easiest jurisdictions in the world in which to do business and continues to be the world’s top destination for foreign direct investment. Regulatory barriers are generally low, establishing a branch...more

Department of Labor’s proposed overtime expansion has major implications for higher education

The U.S. Department of Labor (DOL) has proposed to substantially raise the pay thresholds that must be met for employees to be classified as exempt from overtime under the Fair Labor Standards Act (FLSA) “white-collar”...more

Department of Labor proposes exempt-status overhaul

On August 30, 2023, the U.S. Department of Labor (DOL) proposed significant increases in the compensation thresholds that must be met for employees to be classified as exempt from overtime pay requirements under the Fair...more

Virginia employers take note: New 2023 employment laws are now in effect

Virginia employers should be aware of several new employment laws that took effect July 1, 2023. Among other changes, these laws prohibit the enforcement of certain confidentiality and non-disparagement agreements; require...more

NLRB GC clarifies legality of non-disparagement and confidentiality clauses in severance agreements

Following the National Labor Relations Board’s (NLRB or Board) recent decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), on March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

NLRB purports to limit severance agreements: What this means for employers

On February 21, 2023, the National Labor Relations Board (Board) issued a decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), holding that non-disparagement and confidentiality provisions included in a...more

New pay transparency laws impact multi-state employers nationwide

Pay transparency laws are proliferating across multiple U.S. states and localities. For example, employers with a single employee in Colorado, California, Washington, or New York City that post advertisements for jobs that...more

D.C. employment law round-up: Need-to-know developments for 2023

Employers doing business in the District of Columbia should be aware of several employment laws that have recently taken effect in the District. With the continued prevalence of telework and hybrid work arrangements, many of...more

FTC’s proposed ban of employer non-competes: Are non-profits exempt?

The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers...more

FTC proposes rule to ban nearly all employee non-compete agreements

On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more

The Speak Out Act may require updates to pre-dispute employment agreements

President Biden recently signed into law the Speak Out Act (S. 4524), which prohibits enforcement of pre-dispute nondisclosure and nondisparagement agreements in connection with sexual assault and sexual harassment disputes....more

D.C. expands Paid Family Leave benefits and issues updated notice

The District of Columbia has expanded the benefits available to eligible D.C. employees under the D.C. Paid Family Leave law and released an updated notice. Covered employers should promptly implement the newly issued notice...more

OFCCP extends deadline for federal contractors to object to release of their EEO-1 data

In response to concerns raised by the federal contractor community, the Office of Federal Contract Compliance Programs (OFCCP) recently announced that it is extending the deadline for contractors to file objections to the...more

Just launched: Doing business in the United States 2022

The U.S. is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more...more

Federal contractors have until September 19, 2022 to object to OFCCP release of EEO-1 data

On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it received a request under the Freedom of Information Act (FOIA) to release EEO-1 data submitted by federal contractors and first...more

D.C.'s new non-compete restrictions take effect October 1, 2022

In welcome news for employers, the District of Columbia recently adopted the Non-Compete Clarification Amendment Act of 2022 (the Amended Act), which substantially revises the near-total ban on employee non-compete provisions...more

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