On August 20, 2024 a Texas federal judge blocked, on a nationwide basis, enforcement of the Federal Trade Commission (FTC)’s rule banning non-compete agreements (the “Non-Compete Rule”), which had been slated to take effect...more
On July 3, 2024, a Texas federal judge issued a preliminary injunction postponing the September 4, 2024 effective date of the Federal Trade Commission (FTC)’s final rule banning non-compete agreements (the Non-Compete Rule)...more
On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method...more
Later this week, on October 11, 2019, several important changes are coming to the New York Human Rights Law (“NYHRL”).
As you may recall, last year the New York legislature enacted legislation prohibiting employers from...more
10/7/2019
/ #MeToo ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Corporate Culture ,
Employer Liability Issues ,
Employment Contract ,
Hostile Environment ,
Non-Disclosure Agreement ,
NYHRL ,
Regulatory Oversight ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more
7/2/2019
/ Adverse Employment Action ,
Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Retaliation ,
Sexual Harassment
Recent #MeToo-inspired media attention to workplace sexual harassment claims has caused a number of states to pass employee-friendly legislation intended to help prevent such conduct. ...more
3/28/2019
/ #MeToo ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Contract ,
Harassment ,
Hostile Environment ,
New Legislation ,
Non-Disclosure Agreement ,
Regulatory Oversight ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Employers seeking to require binding arbitration for employee claims need to take notice of a recent decision. ...more
Following up on a recent post about the intricacies of mandatory arbitration agreements in the workplace, the New Jersey Appellate Division recently held that an arbitration clause that employees did not explicitly agree to...more
New Jersey employers seeking to compel arbitration secured a big win earlier this month when a federal judge ruled that former employees agreed to an arbitration agreement by clicking on a hyperlink sent to them by their...more
Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more
11/21/2017
/ Breach of Contract ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Declaratory Judgments ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Implied Covenants ,
Non-Compete Agreements ,
Preemption ,
Promissory Estoppel ,
Severance Agreements ,
Severance Pay ,
Treble Damages ,
Wage and Hour