In a previous article, we emphasized the potential impact of the recent Supreme Court decisions in Loper and Jarkesy on the future landscape of labor and employment law: imagine a world in which administrative agencies can no...more
The wave of state laws requiring employers to transparently disclose salaries, hourly rates, and benefits for the world to see—a policy aimed at putting more information (read, power) in the hands of workers—now continues in...more
Few legal developments sound less sleep-inducing than “changes to federal rulemaking authority.” But don’t mistake dullness for a lack of impact: a pair of Supreme Court decisions just issued will arguably have the single...more
Perhaps there has been no employment law topic written about more in 2023, and to-date in 2024, than the Federal Trade Commission’s (FTC) (Proposed) and Final Rule, which broadly (and arguably, unconstitutionally) seeks to...more
In recent years, state #MeToo laws have slowly but surely chipped away at the use of confidentiality or non-disclosure clauses in settlement agreements. Employers have attempted to get “creative” and have relied more heavily...more
Maryland has been the latest domino to fall in a surge of recent state and local wage transparency legislation across the United States. With at least eight states now requiring employers to post compensation ranges along...more
A U.S. Supreme Court with a conservative majority is still capable of surprising us. In Muldrow v. St. Louis, the Court lightened the burden on employment discrimination plaintiffs by lowering the legal ‘bar’ for an employee...more
It comes as no surprise that the EEOC’s enforcement activity, charge activity, and settlements have all increased under a Democratic administration. The EEOC’s recent Annual Performance Report paints that picture in numbers,...more
The long-awaited death of noncompetes in New York is—forgive the pun—dead in the water, at least for now. On December 22, 2023, Governor Hochul vetoed pending legislation that would have effectively banned noncompetition...more
Starting January 1, 2024, nearly all workers in the state of Illinois are guaranteed at least one week of paid leave under the Illinois Paid Leave for All Workers Act. However, eligibility isn’t guaranteed, and there are some...more
In the wake of challenges to the NLRB’s new joint-employer rule, the NLRB extended the effective date of the new rule from December 26, 2023, to February 26, 2024. As we previously reported, the rule expands the scope of the...more
An ideologically recalibrated (and motivated) National Labor Relations Board (NLRB) has yet again modified several Trump-era rules regarding representation case procedures and expanded the scope of protected concerted...more
If your business deals with any kind of sensitive proprietary information or sensitive client or customer relationships (read, many of you), you probably use various forms of restrictive covenants—noncompetition,...more
Artificial intelligence (AI) promises new efficiencies in making employment decisions: instead of human eyes having to review stacks of resumes, an algorithm-based selection process aids in making a “rough cut” based on...more
The FTC is in the midst of a major rulemaking that could impact nearly every labor and service relationship in the nation. In this article from Employee Benefit Plan Review, Mark Konkel and Shea O’Meara look at the FTC’s...more
The political battle around noncompetes just got a major boost from the Federal Trade Commission (FTC or Commission). In a bold new move, the Commission announced a historic new rule that would ban nearly all noncompetes...more
There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements.
During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to...more
The Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate almost all employers in the nation. If this proposal becomes final it could also prohibit...more
When the FTC proposes a rule that could regulate nearly every employer in the nation, we take notice. In this second installment of our series on the FTC’s proposed rule to ban noncompete agreements, we provide a pragmatic...more
1/17/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
An ideologically recalibrated National Labor Relations Board (“NLRB”) implemented an important right for labor unions who seek to organize a bargaining unit comprising less than a full complement of a location’s workers....more
In a notable victory for the #MeToo movement, President Biden recently signed the “Speak Out Act” into law. It became effective December 7, 2022.
This bipartisan legislation targets and effectively prohibits the use of...more
On November 24, 2022, New York will open a one-year “lookback” window that will revive older sexual abuse claims that were previously barred by applicable statues of limitations and allow victims to file suit against...more
On November 24, 2022, New York will open a one-year “lookback” window that will revive older sexual abuse claims that were previously barred by applicable statues of limitations and allow victims to file suit against...more
Employers can be forgiven for diverting their attention during the past three years to pressing pandemic-related employment issues—vaccine mandates, return-to-work challenges, managing hybrid workforces, with all the novel...more
On September 7, 2022, the NLRB issued a notice of proposed rulemaking seeking to replace the Trump-era final joint employer rule, which provided that an employer would be considered a joint employer under the NLRA only where...more