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FTC Non-Compete Ban Preliminarily Enjoined by Texas District Court

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

Update: NLRB’s General Counsel Provides Guidance on Severance Agreements with Broad Confidentiality and Non-Disparagement Clauses

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

NLRB Rules That Employers May Not Offer Severance Agreements with Broad Confidentiality and Non-Disparagement Clauses

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

COVID-19-Related Orders and Legislation Governing Business Operations, Limiting Liability and Expanding Workers’ Compensation...

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

So, What’d I Miss??? A Flurry of New Employment Laws Impact New York Firms

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

New Federal Law Will Prohibit the Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

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

EEOC Publishes Updated Guidance on Employer COVID-19 Policies

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

50 State Survey – Coronavirus-Related “Stay at Home” Orders

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

What Officers and Directors Need to Know about Personal Liability for Unpaid Wages

- 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

COVID-19 and Workforce Reductions: Federal and California WARN Act Considerations for Employers

- 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

#NotMe: Sex, Reps and Remedies

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

Special Report: The NLRB’s Complaint Against Bridgewater and What It Means for Investment Managers

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

New Women’s Equality Act Legislation Raises Bar for New York Firms

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

Two New NYC Statutes Constrain Hiring Process - Hedge Up - A Heads-Up on Employment Issues Confronting the Hedge Fund Industry

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

Best Practices in Social Media for Employers Part 3 – Disciplining Employees for Conduct on Social Media

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

Best Practices in Social Media for Employers Part 2 – Monitoring Employees’ Social Media Use

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

Effectively Managing Workforce Contraction in Turbulent Times

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

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