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
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
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
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
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
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 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
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
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
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
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
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
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
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
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
9/21/2022
/ Anti-Money Laundering ,
Business Formation ,
Capital Markets ,
CFIUS ,
Choice of Entity ,
Corporate Governance ,
Directorate of Defense Trade Controls (DDTC) ,
Doing Business ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Intellectual Property Protection ,
ITAR ,
Office of Foreign Assets Control (OFAC)
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
Effective March 23, 2022, the Virginia occupational safety and health standard on COVID-19 (the Standard) has been revoked. The Standard established protocols that Virginia employers were required to follow to control,...more
The Department of Labor’s (DOL) final rule implementing Executive Order 14026 (EO), which raises the minimum hourly wage from $10.95 to $15.00 for certain workers working on or in connection with covered federal contracts and...more
The District of Columbia has released an updated poster on COVID-19 leave available under the D.C. Family and Medical Leave Act (DCFMLA). Employers with 20 or more employees in the District should promptly post this poster....more
On January 13, the United States Supreme Court reinstituted a stay on the Occupational Safety and Health Administration Emergency Temporary Standard (OSHA ETS), which mandates that employers with 100 or more employees require...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted a stay on the Occupational Safety and Health Administration's "vaccination-or-test" Emergency Temporary Standard (ETS), allowing the ETS to take...more
On November 18, 2021, District of Columbia Mayor Muriel Bowser signed emergency legislation that requires private employers in D.C. to provide eligible employees with paid time off for their own and their children’s COVID-19...more
On November 10, the National Labor Relations Board (NLRB) Office of the General Counsel (GC), issued a memorandum with its position on unionized employers’ bargaining obligations when implementing the Occupational Safety and...more
11/18/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
NLRA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour
The Fifth Circuit’s decision temporarily suspending OSHA’s “vaccine-or-test” mandate is the first of what could be more stay decisions to come, say Hogan Lovells’ Sean Marotta, George Ingham, and Amy Kett. They explain how...more
A federal court of appeals in Louisiana has temporarily stayed the U.S. Occupational Safety and Health Administration’s (OSHA’s) COVID-19 vaccine-or-test mandate for larger employers. We address what to expect next from the...more