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Legal Update: Court Halts Enforcement of FTC Non-Compete Final Rule

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas entered summary judgment in favor of the plaintiffs and set aside the Federal Trade Commission’s (FTC)...more

Legal Update: Court Enjoins FTC Noncompete Rule Limited to Named Parties

In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas enjoined the FTC from implementing or enforcing its noncompete ban (the “Final Rule”) mainly on the grounds that it exceeds...more

FTC Votes to Finalize Rule Banning Non-Compete Agreements Nationwide

On April 23, 2024, the Federal Trade Commission (the Commission) voted 3-2 to finalize a rule banning nearly all worker non-compete agreements nationwide (the Final Rule). The Final Rule will have wide-ranging effects for...more

New York Proposed Ban on Non-Compete Agreements Vetoed; FTC and NLRB Proposed Nationwide Bans Remain Pending

On December 22, 2023, New York Governor Kathy Hochul vetoed proposed legislation that would have banned all employee non-compete agreements in New York. In our June 2023 Legal Update, we outlined the proposed legislation that...more

New York Inches Closer to Banning Non-Compete Agreements

The New York State Legislature passed a bill on June 20, 2023, that seeks to prohibit employers from entering into non-compete agreements with their employees (the “Bill”). If signed by Governor Hochul, the Bill will be a sea...more

FTC Proposes Rule Prohibiting Employee Noncompete Agreements and Broadly-Worded Non-Disclosure Agreements

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would prohibit employers from imposing post-employment noncompete restrictions on their workers. The proposed rule, if adopted as drafted, would...more

The Ever-Changing Landscape of Non-Compete Agreements – Recent Developments

Recently, the federal government and various state governments have spoken out concerning new limits on non-compete agreements and other post-employment restrictions. Although the trend toward limiting non-compete agreements...more

Recent Amendments to Home Care Worker Wage Parity Law

On April 3, 2020, New York State passed legislation implementing amendments to the Home Care Worker Wage Parity Law, contained in section 3614-c of the New York Public Health Law. Generally speaking, the Home Care Worker Wage...more

Responding to Government Inquires Related to Price Gouging During the COVID-19 Pandemic

Along with increased news about the spread of COVID-19 across the country, there has been a surge of price gouging allegations and reports of government investigations into that conduct, particularly in the northeast, likely...more

New York Legislature Passes Bill Allowing Employees to Place a Lien on Employer’s Property for Wage Claims

The New York Senate and Assembly recently passed Senate Bill S2844B to strengthen current laws for employees who are victim of wage theft to secure and collect unpaid wages for work already performed from their employers....more

New York Court of Appeals Upholds Thirteen Hour Rule for Home Health Aide Pay

On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the “DOL”) so-called “13-hour rule” governing payment of home health care aides that work 24 hour shifts....more

New York State and City Adopt New Tools to Combat Gender-Based Harassment

Continuing its aggressive measures to combat workplace sexual harassment, on August 23, the New York State Department of Labor issued for public comment a draft sexual harassment training program, a checklist of minimum...more

Effective November 26, 2017: New York City Retail and Fast Food Employers Subject to New Fair Workweek Law

On November 26, New York City will implement a package of laws, dubbed the “Fair Workweek Law” (Law). The package of five laws states that retail and fast food employers in New York City must provide employees with...more

October 1, 2017: Connecticut Employers Subject to New Law Protecting Pregnant Employees

Connecticut has joined a growing trend of states and municipalities expanding the protections afforded to pregnant employees and applicants. Connecticut’s new law, effective October 1, 2017, entitled An Act Concerning...more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Connecticut Supreme Court Explains Remedies Available to Employers Winning Breach of Duty of Loyalty Claims against Employees

In Wall Systems, Inc. v. Pompa, No. SC19734 (Mar. 7, 2017), the Connecticut Supreme Court explained the legal and equitable remedies available to employers that win breach of duty of loyalty claims against their current or...more

Think You Can Verify Salaries? Think Again: Massachusetts Passes Comprehensive Pay Equity Law, Bans Pay History Inquiries

On August 1, 2016, Massachusetts joined a growing state and federal trend by passing a comprehensive “pay equity” law. Indeed, the focus on equitable pay has been a major priority for the Obama Administration since 2009, when...more

The New FLSA Overtime Rule: No Major Surprises Here

On May 18, 2016, the United States Department of Labor (U.S. DOL) announced the publication of its highly anticipated Final Rule updating the overtime exemption regulations pertaining to the Fair Labor Standards Act (FLSA)....more

President Obama Signs Law Providing Federal Trade Secret Protections

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA), providing a federal civil cause of action for the misappropriation of trade secrets under the Economic Espionage Act. Both the Senate...more

Employee or Independent Contractor? Connecticut Supreme Court Relaxes Burden of Proving Independent Contractor Relationships under...

The risk of liability for misclassifying employees as independent contractors has been high due to federal and state enforcement initiatives, information-sharing arrangements, and complex legal tests for determining whether a...more

HR Managers May Be Held Personally Liable for FMLA Violations, and Second Circuit Formally Adopts Tests for FMLA Interference and...

In Graziadio v. Culinary Institute of America, the United States Court of Appeals for the Second Circuit1 ruled that a human resources director could be personally liable as an “employer” for violating an employee’s rights...more

The OFCCP’s War Path: Federal Contractors Take Note

Subject to very limited exceptions, employees of federal contractors must be permitted to discuss their compensation without retaliation or fear of intimidation. Federal contractors will be required to provide paid sick...more

U.S. Department of Labor Proposes New Rule Raising the Salary Basis for “White-Collar” Overtime Exemptions and Soliciting Comments...

On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on the DOL’s proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455...more

New York City Bans Use of Consumer Credit History for Employment Purposes

New York City enacted legislation (Int. No. 261-A ) on May 6, 2015, making it unlawful for a covered entity to use an applicant’s or employee’s consumer credit history in connection with that person’s employment. The law...more

Federal FMLA in Flux: “Spouse” Revised and “Expired” Forms Revived

The U.S. Department of Labor’s (DOL) Wage and Hour Division announced a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA). Effective March 27, 2015, the federal...more

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