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
8/23/2024
/ Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair or Deceptive Trade Practices
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
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
4/26/2024
/ Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
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
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
6/26/2023
/ Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
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
1/9/2023
/ Anti-Competitive ,
Comment Period ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
NPRM ,
Regulatory Agenda ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
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
9/28/2021
/ Biden Administration ,
Competition ,
Employee Mobility ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Legislative Agendas ,
Low-Wage Workers ,
Non-Compete Agreements ,
Regulatory Agenda ,
Regulatory Oversight ,
Restrictive Covenants ,
State Labor Laws
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
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
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
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
3/29/2019
/ Department of Labor (DOL) ,
Domestic Workers ,
Employer Liability Issues ,
Health Care Providers ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Regulatory Requirements ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
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
9/6/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Local Ordinance ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
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
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
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
3/30/2017
/ Americans with Disabilities Act (ADA) ,
Disability ,
Disability Discrimination ,
Employment Litigation ,
Essential Functions ,
Hiring & Firing ,
Pharmacies ,
Pharmacist ,
Reasonable Accommodation ,
Retaliation ,
Rite Aid ,
Wrongful Termination
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
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
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
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
5/16/2016
/ Asset Seizure ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Economic Espionage Act ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
New Legislation ,
Private Right of Action ,
Trade Secrets ,
Whistleblower Protection Policies
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
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
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
9/24/2015
/ Compliance ,
Discrimination ,
Federal Contractors ,
Final Rules ,
Hiring & Firing ,
OFCCP ,
Profit Sharing ,
Retaliation ,
Transparency Directive ,
Vacation Pay ,
Wage and Hour
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 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
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