On August 20, 2024, a federal district court in Texas issued a permanent injunction blocking the Federal Trade Commission’s “Non-Compete Rule,” which would have prohibited nearly all non-compete clauses with workers.
The...more
On July 23, 2024, a federal district court in Philadelphia refused to issue a preliminary injunction to prevent implementation or enforcement of the Federal Trade Commission’s April 2024 Final Rule banning worker non-compete...more
In April 2024, the Federal Trade Commission (“FTC” or the “Commission”) announced a Final Rule that would prohibit nearly all existing and future non-compete agreements between employers and workers, subject to specified...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII....more
5/7/2024
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Arbitration ,
Bissonnette v LePage Bakeries Park St LLC ,
Civil Rights Act ,
Department of Labor (DOL) ,
Documentation ,
Employee Transfers ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Harassment ,
Lactation Accommodation ,
LGBTQ ,
Muldrow v City of St Louis ,
Over-Time ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship
After more than a year of considering tens of thousands of public comments, the Federal Trade Commission (“FTC”) has voted 3-to-2 to adopt a Final Rule (the “Rule”) that would effectively ban almost all employee non-compete...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
As of today, March 12, 2024, a New York state statute, in certain circumstances, restricts employers “from requesting or requiring that an employee or applicant disclose any . . . means for accessing a personal account...more
3/13/2024
/ Adverse Employment Action ,
Broker-Dealer ,
California Privacy Rights Act (CPRA) ,
CFTC ,
Compliance ,
Employee Misconduct ,
Employee Rights ,
Enforcement Actions ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Standards ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Social Media ,
Surveillance
The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more
2/29/2024
/ ADEA ,
Adverse Action ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
EEO ,
Publicly-Traded Companies ,
Recordkeeping Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Title VII ,
Whistleblower Protection Policies
The Delaware Chancery Court has issued yet another decision invalidating restrictive covenants, continuing a trend of recent decisions in which the court has refused to “blue-pencil,” or modify, covenants. In Sunder Energy,...more
Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more
9/1/2023
/ Appeals ,
Bias ,
Civil Rights Act ,
Disparate Treatment ,
Employment Discrimination ,
En Banc Review ,
Executive Compensation ,
Hiring & Firing ,
SCOTUS ,
Sex Discrimination ,
Terms and Conditions ,
Title VII
The Federal Trade Commission began the new year by issuing a sweeping proposed rule banning all non-compete agreements between employers and employees. The proposed rule would add a new subchapter to the FTC Act, and would...more
The U.S. Supreme Court on June 24, 2022, overruled Roe v. Wade, the seminal case in which the Court had recognized the existence of the constitutional right for individuals to obtain an abortion. In Dobbs v. Jackson Women’s...more
7/20/2022
/ Abortion ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
Healthcare ,
Patient Access ,
Popular ,
Pregnancy ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
Introduction
In April 2022, the UK Financial Conduct Authority ("FCA") finalized new rules to encourage the disclosure of diversity data by listed companies, whether based in the UK or abroad. Across the pond, the U.S....more
7/1/2022
/ Corporate Governance ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
LGBTQ ,
Listing Rules ,
Nasdaq ,
Publicly-Traded Companies ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
UK
Background -
The United States Equal Employment Opportunity Commission (EEOC) on May 12, 2022, issued a series of questions and answers that address how employer use of artificial intelligence (AI), algorithms, and...more
New York State Governor Kathy Hochul on March 16, 2022, signed three new bills into law that address workplace harassment and discrimination. These laws bolster New York State's anti-harassment and anti-discrimination laws by...more
4/1/2022
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Human Rights ,
Labor Reform ,
New Legislation ,
New York ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
A new pay disclosure law will go into effect in New York City on May 15, 2022 that requires employers to post salary ranges on advertisements for employment positions....more
2/24/2022
/ Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Local Ordinance ,
New York ,
Pay Transparency ,
Salaried Employees ,
Wage and Hour
On November 5, the Biden-Harris Administration published an emergency regulation, the Omnibus COVID–19 Health Care Staff Vaccination Rule, requiring staff at covered health care facilities to be vaccinated against COVID-19...more
11/11/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Key Takeaways - This article explores: How recent sexual harassment and discrimination allegations against Activision Blizzard, Inc. show the great legal and reputational costs that can come from failing to deal with...more
The once-in-a-century pandemic has triggered not only market turbulence, but also unprecedented mass layoffs and furloughs. As the markets continue to fluctuate and public companies plan reductions in staff, companies—and...more
2/8/2021
/ Confidential Witnesses ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Hiring & Firing ,
Infectious Diseases ,
Layoffs ,
Publicly-Traded Companies ,
Risk Mitigation ,
Securities Fraud ,
Shareholders ,
Stock Drop Litigation ,
Whistleblowers
Earlier this week, the U.S. Department of Labor (the “DOL”) on September 22, 2020, proposed a regulation that would clarify how to determine whether a worker is an “employee” under the Fair Labor Standards Act (the “FLSA”) or...more
9/26/2020
/ Amended Rules ,
Classification ,
Comment Period ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Popular ,
Public Comment ,
Unemployment Insurance
Key Takeaways -
- The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more
8/6/2020
/ Appeals ,
Appellate Courts ,
Colleges ,
Department of Education ,
Discovery ,
Due Process ,
Inference ,
Notice Requirements ,
Policies and Procedures ,
Precedential Opinion ,
Sex Discrimination ,
Standard of Review ,
Students ,
Title IX ,
Universities
Key Takeaways:
The Sixth Circuit’s Doe v. Oberlin College decision confirms that in college and university disciplinary cases, fair processes are not optional; they apply to everyone alike—whether the accused or the...more
7/30/2020
/ Administrative Hearings ,
Appeals ,
Colleges ,
Disciplinary Proceedings ,
Due Process ,
Fair Process Doctrine ,
Gender Discrimination ,
Internal Investigations ,
Motion to Dismiss ,
Policies and Procedures ,
Reversal ,
Sex Discrimination ,
Title IX ,
Universities
As the U.S. begins to relax nationwide shutdown orders and business restrictions, employers are faced with new legal challenges when planning to reopen. This Q&A discusses key issues employers should consider in formulating...more
5/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Federal Labor Laws ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Risk Assessment ,
State Labor Laws ,
Workplace Decontamination ,
Workplace Safety
President Donald Trump on March 18, 2020, signed the Families First Coronavirus Response Act (the “FFCRA” or “Families First Act”) to provide economic relief to those impacted by COVID-19. This law includes key employment...more
4/15/2020
/ 501(c)(3) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
IRS ,
New Guidance ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits
The coronavirus pandemic has had an enormous impact on how businesses operate around the world. To help you navigate the different labor laws and regulations that governments have enacted during this critical time, Dechert’s...more
4/3/2020
/ Business Closures ,
Child Care ,
Coronavirus/COVID-19 ,
Employee Benefits ,
France ,
Germany ,
Hiring & Firing ,
Holiday Pay ,
International Labor Laws ,
Paid Leave ,
Redundancy Dismissals ,
Redundancy Payments ,
Remote Working ,
Sick Pay ,
Social Insurance Contributions ,
UK ,
United States ,
Workplace Safety
This alert provides an overview of the EEOC’s updated guidance, as well as a discussion about what employers should do to ensure that their COVID-19 related response activities do not run afoul of the federal...more
3/27/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Infectious Diseases ,
Job Applicants ,
Medical Monitoring ,
New Guidance ,
Sick Employees ,
Workplace Safety