On July 3, 2024, the U.S. District Court for the Northern District of Texas enjoined the Federal Trade Commission (FTC) from enforcing and implementing its rule banning non-competes and stayed the September 4 effective date...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
Key Points -
The NLRB’s General Counsel issued a memorandum providing her position on the NLRB’s recent decision in McLaren Macomb, holding that employers may not offer severance agreements with broad confidentiality or...more
Key Points -
On February 21, 2023, the NLRB issued a decision in McLaren Macomb holding that employers may not offer severance agreements with broad confidentiality or non-disparagement clauses to union and non-union...more
At the beginning of the COVID-19 crisis, the vast majority of states across the country implemented “stay at home” orders requiring the closure of, or severely restricting, nonessential business operations...more
Key Points -
The past eight months have featured the introduction of myriad new state and city laws impacting New York firms.
From amendments to the NYC Fair Chance Act and NYS Paid Family Leave Law, to the expansion...more
Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more
To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more
8/9/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
NLRB ,
Pregnancy Discrimination Act (PDA) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
While the Equal Employment Opportunity Commission’s (EEOC) May 28, 2021 guidance (the “EEOC Guidance”) largely is consistent with its previous pronouncements regarding employer mandatory COVID-19 policies, including policies...more
Key Points:
- Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands.
- Now is the time for employers to think through issues raised by employee vaccination...more
4/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Food and Drug Administration (FDA) ,
GINA ,
Infectious Diseases ,
NLRA ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Below is a tracker of states, counties and cities that, as of June 8, 2020, have implemented “stay at home” orders requiring the closure of non essential businesses or a subset thereof (e.g., non-essential retail businesses)....more
6/9/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Non-Essential Businesses ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Social Distancing ,
State and Local Government ,
Workplace Safety
- Corporate officers and directors can be held personally liable for unpaid wages.
- As companies and their officers and directors make difficult decisions to address the impact of COVID-19 on their workforce, they...more
- Due to severe restrictions aimed at curbing the spread of coronavirus (COVID-19), some businesses are being forced to significantly reduce staff, and many will likely close altogether for at least some period of time.
-...more
In 2018, victims and their supporters decried sexual harassment in the workplace. They argued for the right, the freedom, the luxury to work without fear of gender-based harassment or discrimination. Prominent and powerful...more
2/7/2019
/ #MeToo ,
Acquisitions ,
Board of Directors ,
Buyers ,
Clawbacks ,
Controlling Stockholders ,
Corporate Culture ,
Corporate Officers ,
Due Diligence ,
Employee Misconduct ,
Employee Representatives ,
Employer Liability Issues ,
Human Resources Professionals ,
Mergers ,
Risk Assessment ,
Sellers ,
Sexual Harassment
Key Points -
- The National Labor Relations Board has filed a complaint against Bridgewater Associates, challenging contractual provisions of a type that are commonplace at hedge funds and private equity firms.
...more
Last week, Gov. Andrew Cuomo signed into law eight (8) bills forming the bulk of the Women’s Equality Act, originally introduced in the New York State Legislature in 2012. The legislation amends the New York Labor Law and the...more
10/27/2015
/ Amended Legislation ,
Attorney's Fees ,
Best Management Practices ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equal Pay Act ,
Human Rights Code ,
Labor Code ,
New Legislation ,
Pregnancy Discrimination ,
Wages ,
Women's Equality Act
If you read one thing...
- Two new employment statutes place additional burden on New York City firms during prospective employee screening and provide fodder for the plaintiffs’ bar
- Credit history and...more
9/17/2015
/ Background Checks ,
Credit Checks ,
Credit Reports ,
Criminal Background Checks ,
Employee Credit Checks ,
Employer Liability Issues ,
Exemptions ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
NYCHRL ,
Screening Procedures
As discussed previously (see Best Practices in Social Media for Employers Part 2), adopting a National Labor Relations Act (NLRA)-compliant social media policy is the first step in ensuring that the policy can be enforced. ...more
In addition to the risks associated with employers’ use of social media as related to the recruiting and the hiring process, employers should also be aware of potential pitfalls associated with restricting or monitoring...more
The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With predictions that low oil prices will extend well into 2016, such...more