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Heightened Obligations for Job Postings for Massachusetts-Based Roles

Beginning on July 31, 2025, Massachusetts will join a host of other states in requiring employers to provide detailed pay disclosures in public-facing and internal employee job postings pursuant to the recently passed Frances...more

FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more

California Extends Prohibition on Noncompete Agreements

California law famously bans employee noncompetition agreements, under a statute enacted in 1872. As of January 1, 2024, new amendments to this age-old statute provide clarity about what is—and is not—enforceable....more

California Supreme Court Rules Employees Can Pursue PAGA Claims on Behalf of Other Aggrieved Employees in Court Despite...

On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more

NLRB Attacks Broad Nondisparagement and Confidentiality Provisions in Employee Severance Agreements

In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more

FTC Takes Action Against Employee Noncompete Clauses Through Rulemaking and Enforcement Actions

On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers....more

New Pay Transparency Laws in California and New York City Impose Disclosure Obligations for Any Position That Can Be Performed in...

California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting...more

The Use of Artificial Intelligence Tools in Employment Decisions Can Lead to Violations of the ADA and New York City Law

Employers’ use of artificial intelligence (AI) tools in making hiring and other employment decisions is drawing increased scrutiny. The Equal Employment Opportunity Commission (EEOC) published guidance on how employers’ use...more

New York City Issues COVID-19 Vaccination Mandate for Private Sector Employers

On December 15, 2021, New York City enacted the strictest vaccination mandate in the country for private sector employers. By Order of the Commission of the New York City Department of Health and Mental Hygiene, all private...more

OSHA Issues Emergency Temporary Standard for COVID-19: Get Vaccinated or Get Tested

On November 5, 2021, the Occupational Safety and Health Authority (OSHA) issued an Emergency Temporary Standard for COVID-19 Vaccinations and Testing (the ETS), which imposes obligations on many employers to implement...more

What Employers Should Know About President Biden's "Path Out of the Pandemic" Action Plan

On September 9, 2021, President Biden announced "six broad areas of action" designed to curb the spread of COVID-19. The White House has published an outline of its "Path Out of the Pandemic" action plan. Below are the action...more

Santa Clara County Requires Employers to Ascertain Employees' Vaccination Status and Imposes Other Requirements to Prepare for...

On May 18, 2021, Santa Clara County's Public Health Department issued a new order focused on safety measures designed to reduce the spread of COVID-19. The order became effective May 19, 2021, when the county entered the...more

Workplace COVID-19 Vaccination Policies: To Mandate, or Not to Mandate?

COVID-19 vaccines are becoming increasingly available across the United States, and businesses across the country are preparing to return to the office. However, a recent poll found that 1 in 3 Americans say that they...more

District of Columbia Bans Non-Competes

On January 11, 2021, the mayor of the District of Columbia signed D.C. Act 25-563, the Ban on Non-Compete Agreements Amendment Act of 2020 (the Act), which was then submitted to Congress for approval in accordance with the...more

Employers Must Address Employee Safety Before Employees Return to Work

As the prospect of bringing employees back to the office becomes a reality for some employers, and draws closer for others, businesses need to ensure that they have a return to work plan that prevents the spread of COVID-19...more

Employer Readiness for Employees' Return to the Worksite

While much of the country remains subject to stay-at-home orders due to the spread of COVID-19, many businesses are starting to plan for employees' return to the office. Because COVID-19 is expected to remain in the community...more

Coronavirus Action Plan for Employers

The coronavirus disease (COVID-19) continues to spread across the globe, including in the United States. California, New York, Florida, Washington, and other states have declared a state of emergency as the number of...more

Recent Cases Shed Light on the Status of Employee Non-Solicitation Agreements in California

Two recent cases have found that employee non-solicitation agreements, at least in the form many companies currently use, are unlawful in California. In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., 28 Cal. App. 5th...more

California Supreme Court Rejects Employer Argument that It Need Not Pay for De Minimis Amounts of Time Worked by Employees

Once again, California's Supreme Court has underscored that California employment law can differ from federal law in significant, and typically more employee friendly, ways. In Douglas Troester v. Starbucks Corporation,1 a...more

U.S. Department of Labor Adopts New Test to Determine if Interns Are Really Employees

As summer approaches, many employers are considering “hiring” summer interns, as well as what to pay them, if anything. Some employers will consider engaging the services of unpaid interns, sometimes at the request of eager...more

New California Law Prohibits Employers from Seeking Salary History Information from Job Applicants

California has joined a growing number of cities and states seeking to advance gender pay equity by passing laws prohibiting employers from asking job applicants about their salary histories.1 Effective January 1, 2018,...more

New York City Employers Soon Will Be Prohibited from Inquiring About or Relying on Job Applicants' Salary Histories

On May 4, 2017, New York City Mayor Bill de Blasio signed into law a bill that makes it an "unlawful discriminatory practice" for New York City employers to inquire about a job applicant's salary history, or to rely upon...more

Chancery Court Refuses to Enforce Non-Competition Agreement Against a California-Based Employee Despite Delaware Choice-of-Law...

In non-competition agreement disputes involving California employees, it is common to encounter an agreement stating that the law of another state governs the non-compete. Since non-competes in California are generally...more

California Supreme Court Addresses Test for Independent Contractor Status and Class Certification of Independent Contractor...

Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many...more

California Supreme Court Upholds Enforceability of Class Action Waivers in Mandatory Arbitration Agreements

The California Supreme Court has upheld the use of class action waivers in mandatory arbitration agreements. In Iskanian v. CLS Transportation of Los Angeles (June 23, 2014), the court held that a state's refusal to enforce...more

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