The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more
5/3/2024
/ Administrative Procedure Act ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Compete Agreements
On August 2, 2023, in Stericyle Inc., the National Labor Relations Board abandoned the framework it had been using since 2017 to evaluate the legality of workplace rules, like those in employee handbooks. In its place, the...more
On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the...more
Transgender athletes’ participation in school sports has been an area of focus for governing bodies like the National Collegiate Athletic Association and the Connecticut Interscholastic Athletic Conference, as well as state...more
4/10/2023
/ Biden Administration ,
Civil Rights Act ,
Comment Period ,
Department of Education ,
Education Reform ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
NCAA ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
School Sports ,
Sexual Orientation Discrimination ,
Student Athletes ,
Title IX ,
Transgender
On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an...more
2/23/2023
/ Administrative Law Judge (ALJ) ,
Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
New Rules ,
NLRA ,
NLRB ,
Section 8 ,
Severance Agreements ,
Unfair Labor Practices
A decision by the Delaware Court of Chancery allowing shareholders to sue McDonald’s over an alleged “toxic culture” of sexual harassment and misconduct at McDonald’s provides a stark reminder that employers must actually...more
Title IX and its regulations apply to recipients of federal funds. Most independent schools do not receive federal funds and therefore Title IX compliance has not been traditionally required....more
Nearly a year after the implementation of the 2020 Title IX amended regulations, the U.S. Department of Education's Office for Civil Rights (OCR) has released "Questions and Answers on the Title IX Regulations on Sexual...more
In a case of first impression, an Indiana federal district court recently rejected a constitutional challenge brought by several students to a public university's requirement that students receive the COVID-19 vaccine as a...more
Connecticut has enacted a law that will, starting October 1, 2021, require employers of all sizes to disclose to employees and applicants "wage range" information. In the case of a job applicant, employers will be required to...more
Perhaps the most-asked question by employers these days is: Can a COVID-19 vaccine be required of employees? The answer is generally yes, with some important qualifications....more
A New York state court recently invalidated a private university's suspension of three students for violating COVID-19 protocols because the court decided that the university did not provide advance notice to the students...more
In recent weeks, at least 42 putative class action lawsuits have been filed against colleges and universities across the country related to campus shutdowns and the move to online education necessitated by the COVID-19...more
In order to continue their educational mission during the COVID-19 pandemic, schools across the country, both independent and public, have responded by exploring online education or “distance learning.” ...more
On October 4, the EEOC issued a press release (“EEOC Releases Preliminary FY 2018 Sexual Harassment Data”) highlighting its significant work this past fiscal year to address the pervasive problem of workplace harassment....more
10/15/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hostile Environment ,
Policies and Procedures ,
Risk Management ,
Sexual Harassment ,
Title VII
The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more
2/14/2017
/ Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
Late yesterday, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor’s new overtime rule, which was to take effect December 1, 2016. The rule, addressing the so-called white collar...more
Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more
11/11/2016
/ Affordable Care Act ,
Civil Rights Act ,
Department of Labor (DOL) ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Form I-9 ,
Franchises ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Immigrants ,
Joint Employers ,
LGBTQ ,
Maternity Leave ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Presidential Elections ,
Presidential Nominations ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Title VII ,
Trump Administration ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Safety
When your company uncovers evidence that an employee misappropriated trade secrets it must act swiftly. The company may want to fire the employee to protect itself from the potentially devastating consequences. But how can...more
7/28/2015
/ COBRA ,
Compliance ,
Computer Fraud and Abuse Act (CFAA) ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Human Resources Professionals ,
Misappropriation ,
Popular ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
UTSA ,
Young Lawyers
On December 11, the National Labor Relations Board (NLRB) continued to intrude into the workplace by holding that employees have a right to use their employer's email system for union organizing purposes and other "concerted...more
On December 9, the Supreme Court held that hourly workers in Amazon warehouses need not be compensated for the time they spent waiting to undergo security screening at the end of their shifts. The case, Integrity Staffing...more
A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more
Retiring after 30 years with the same company is rare today. The symbolism of a retirement party and a gold watch will be lost on generations as frequent employee transition between companies becomes the norm. ...more
5/28/2014
/ Confidentiality Agreements ,
Employer-Owned Intellectual Property ,
Employment Contract ,
Employment Policies ,
Hiring & Firing ,
Non-Compete Agreements ,
Retirement ,
Risk Assessment ,
Risk Management ,
Silicon Valley ,
Wall Street
Wage and hour cases continue to flood the courts. During the yearlong period ending March 31, 2014, approximately 8,126 lawsuits were filed seeking relief under the federal Fair Labor Standards Act. In the prior year, the...more