On July 17, 2024, Gov. Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act (the Act) into Pennsylvania law. The Act prohibits the enforcement of certain noncompete covenants entered into after the...more
Last week, the National Labor Relations Board (NLRB) withdrew its bid to save its new joint employer rule, which would have treated some entities as joint employers with their contractors or franchises, even when those...more
On July 3, 2024, the U.S. District Court for the Northern District of Texas (the Court) issued a memorandum opinion and order that enjoined the U.S. Federal Trade Commission (FTC) from implementing or enforcing its Rule...more
On June 18, 2024, the U.S. Treasury Department and the Internal Revenue Service (IRS) published final regulations implementing the prevailing wage and apprenticeship requirements for clean energy tax credits for construction...more
On June 13, 2024, an administrative law judge (ALJ) of the National Labor Relations Board (the Board) joined the growing chorus of federal and state agencies condemning the use of restrictive covenants, in J.O. Mory, Inc.,...more
In Starbucks v. McKinney, the Supreme Court of the United States (SCOTUS) ruled that the National Labor Relations Board (NLRB) must meet the same standard as other ordinary litigants in order to obtain an injunction from the...more
On May 14, 2024, the U.S. Federal Trade Commission (FTC) held a webinar to provide further public guidance on compliance with its final rule that bans noncompete agreements for the vast majority of workers before it goes into...more
On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted (in a 3-2 vote along party lines) to finalize and promulgate a final rule that bans noncompete agreements for the vast majority of workers....more
On the eve of the NCAA’s March Madness Tournament, the National Labor Relations Board (the Board) produced a little March madness of its own when it held the first-ever union election for a collegiate basketball team. On...more
On January 10, 2024, the U.S. Department of Labor (the DOL) published its Final Rule significantly changing the existing standard for the independent contractor classification under the Fair Labor Standards Act. This Final...more
What does it mean if a union makes a “demand for recognition,” or “request for voluntary recognition” to an employer? What does a union mean when it says it has a “showing of interest” or “proof of majority support” or...more
New York is poised to become the fifth state in the nation to impose a complete ban on employment-related noncompete agreements, joining California, Oklahoma, North Dakota, and most recently, Minnesota.
On June 20, 2023,...more
On May 30, 2023, the General Counsel for the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance regarding the lawfulness of noncompete agreements and provisions. The General Counsel’s latest...more
On March 7, 2023, the National Labor Relations Board (NLRB) announced a new information sharing agreement with the Consumer Financial Protection Bureau (CFPB). The agencies executed a memorandum of understanding that will...more
On March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance about the Board’s McLaren Macomb decision from earlier this year. The guidance made clear...more
The decision of the National Labor Relations Board (the Board) in McLaren Macomb, 372 NLRB No. 58 ( Feb. 21, 2023), reinstates a limit on the confidentiality, non-disclosure, and non-disparagement clauses that employers may...more
On February 13, 2022, the National Labor Relations Board (NLRB) held that Starbucks violated federal labor law at multiple locations in Philadelphia in 2019 and 2020. The decision, issued by the NLRB’s three Democrats, found...more
The Federal Trade Commission (FTC) recently announced that it will host a virtual public forum on Thursday, February 16, 2023, from noon to 3 p.m. ET to elicit reaction to the FTC’s proposed rule on the use of non-competition...more
Last week, the National Labor Relations Board (NLRB) continued its efforts to effectuate a strong national labor policy focused on advancing the organizational rights of workers and encouraging collective bargaining. Three...more
On October 31, 2022, the General Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued a memorandum instructing regional offices to closely scrutinize employer use of certain electronic monitoring,...more
On September 15, 2022, railroad companies and unions representing railway workers reached a tentative agreement to potentially prevent a strike that would have caused significant harm to the American supply chain and economy....more
Our latest briefing explores the FTC’s push to address “commercial surveillance” and data security, proposed rulemaking from HHS prohibiting the use of discriminatory clinical algorithms, a move by the CFPB to hold digital...more
In wake of recent legislation aimed at increasing employee rights and safeguards, the Pennsylvania legislature has promulgated new wage and hour regulations restricting employers and providing greater protections for...more
The Supreme Court unanimously held on June 6, 2022 that airline workers who load and unload cargo from airplanes are exempt from the coverage provided under the Federal Arbitration Act (FAA). Employers commonly use the FAA to...more
On March 30, 2022, a panel in the Third Circuit Court of Appeals overruled nearly 30-year-old precedent and held that arbitration provisions do not survive the expiration of a collective bargaining agreement (CBA) in...more