On March 19, the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents focused on educating the public about “unlawful discrimination” related to...more
3/21/2025
/ Civil Rights Act ,
Compliance ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Harassment ,
Retaliation ,
Title VII
On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more
Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more
3/3/2025
/ Employment Contract ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Labor Reform ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Restrictive Covenants ,
Rulemaking Process ,
Severance Agreements
In 2025, the retail and fashion industries are bracing for a transformative year, heavily influenced by the policies of the new Trump Administration. These policies promise rapid and significant changes, particularly in areas...more
2/20/2025
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
CIPA ,
Class Action ,
Commercial Bankruptcy ,
Compliance ,
Data Privacy ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fashion Industry ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Immigration ,
Independent Contractors ,
Influencers ,
International Trade ,
Mergers ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
NAD ,
PFAS ,
Private Attorneys General Act (PAGA) ,
Public Health ,
Retailers ,
Supply Chain ,
Tariffs ,
Terms of Use ,
Tracking Systems ,
Trump Administration ,
Workplace Investigations
Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more
Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge...more
1/29/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
First Amendment ,
Furloughs ,
Government Agencies ,
Layoffs ,
OMB ,
Regulatory Freeze ,
Reimbursements ,
Trump Administration
The National Labor Relations Board (NLRB) has reinstituted a union-friendly standard for determining whether an employer’s unilateral changes to the terms and conditions of employment violate the National Labor Relations Act...more
On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor...more
If you’ve managed a workforce during a union organizing campaign, you’re likely familiar with captive audience meetings; compulsory sessions at which managers try to persuade employees to reject the union. For over 70 years,...more
On May 16, Maryland amended its Clean Indoor Air Act by prohibiting vaping in indoor places of employment. The amendments go into effect on July 1....more
The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.
The guidance, delivered...more
With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more
4/23/2024
/ Cannabis Products ,
Citizenship Status Discrimination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Reasonable Accommodation ,
Remote Working ,
Unions
Effective March 20, New York City will allow “any person” to bring a private right of action for violations of the Earned Sick and Safe Time Act. As a result, New York City employers are encouraged to review their safe and...more
On January 29, the 15th anniversary of the Lilly Ledbetter Fair Pay Act, President Joe Biden announced initiatives aimed at achieving pay equity for the federal workforce and employees of federal contractors.
...more
2/1/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Pay Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Lilly Ledbetter ,
Office of Personnel Management (OPM) ,
Pay Discrimination ,
Pay Transparency ,
Salary/Wage History ,
Wages
On January 12, Washington, DC, Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023. The Act amends the DC Wage Transparency Act of 2014 and is scheduled to go into effect on June 30,...more
1/23/2024
/ Compensatory Damages ,
Compliance ,
Employer Liability Issues ,
Injunctive Relief ,
Job Ads ,
Job Applicants ,
New Legislation ,
Notice Requirements ,
Pay Transparency ,
Restitution ,
Salary/Wage History ,
Wage and Hour
The increased use of artificial intelligence (AI) in the workplace has already raised issues about working time, proper classification, and discrimination. This alert addresses some of these issues.
Working Time and...more
In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more
On March 21, 2023, Virginia Governor Glenn Youngkin signed SB 1040 into law. The new law, which goes into effect on July 1, 2023, prohibits employers from using an employee’s social security number or any derivative thereof...more
Covered employers have 50 or more employees, including the Commonwealth and its agencies, institutions, and political subdivisions. Eligible employees have been employed for at least a 12-month period and worked at least...more
Los Angeles retail businesses must now comply with a new ordinance that promotes predictable work hours for employees. On April 1, 2023, the Los Angeles Fair Work Week Ordinance went into effect, which applies to retail...more
On March 22, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo issued GC Memo 23-05 providing guidance on the recent decision in McLaren Macomb. Below are some of the notable points set forth in the...more
3/30/2023
/ Confidentiality Agreements ,
Contract Terms ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Separation Agreement ,
Severance Agreements
Ruling on a narrow, but significant question, the US Supreme Court affirmed that the white-collar overtime exemptions under the federal Fair Labor Standards Act (FLSA) require employers to pay an employee on an actual “salary...more
On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated...more
On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA)....more
Earlier this month, the Nevada Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees...more