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FTC’s Non-Compete Rule Blocked by Texas Federal Court

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

Philadelphia Federal Court Refuses to Enjoin FTC Non-Compete Rule

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

Federal Court Preliminarily Enjoins FTC Ban on Employee Non-Compete Agreements, But Not for the Vast Majority of Employers

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

Federal Trade Commission Adopts Final Rule Imposing Near-Total Ban on Employee Non-Compete Agreements

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

Supreme Court Shifts Whistleblower Protection Landscape

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

Delaware Chancery Court Invalidates Non-Compete, Continuing Trend

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

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

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

Federal Trade Commission Proposes National Ban on Employee Non-Compete Agreements

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

Plan for a Ban: How the Overruling of Roe v. Wade May Impact Employee Healthcare Plans

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

DEI: When regulators come knocking, will you be ready?

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

ADA Ex Machina: The EEOC Issues Guidance on the ADA and the Use of Artificial Intelligence in Making Employment Decisions

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

Recently Enacted Legislation Shows New York's Continued Focus on Tackling Workplace Harassment and Discrimination

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

Show Them the Money: What New York City’s Salary Transparency Law Will Mean for Employers

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

Biden-Harris Administration Publishes Emergency Regulation Requiring COVID-19 Vaccination for Health Care Workers

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

Why An Equity Audit Is Your Best Defense Before You Need One: Lessons Learned From Activision Blizzard, Inc.

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

Unprecedented Mass Layoffs May Trigger More Confidential Witnesses in Shareholder Actions: What Measures Can Companies Take to...

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

Employing an Updated Test for Independent Contractors – U.S. Department of Labor Proposes New Classification Regulation

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

Ninth Circuit Adopts “Far Simpler” Standard for Title IX Claims: Student’s Case May Proceed to Discovery When Alleged Facts Raise...

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

U.S. Federal Court of Appeals Confirms that Schools Must Provide Fair Process in School Disciplinary Proceedings—No Ifs, Ands, or...

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

COVID-19: U.S. Employment Considerations for Returning to Work

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

The Families First Coronavirus Response Act: Employment Considerations for Non-Profit Organizations

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

COVID-19 Coronavirus: Employment Law Developments Q&A

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

EEOC Offers Guidance to Employers During the COVID-19 Pandemic

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

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