As reported earlier, the FTC voted this week to approve its Final Non-Compete Clause Rule (the “Rule” or “Final Rule”), which outlaws almost all non-compete agreements between employees and employers throughout the...more
4/29/2024
/ Corporate Counsel ,
Corporate Executives ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Garden Leave ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notification Requirements ,
Restrictive Covenants
New York State lawmakers came to a final agreement on a 2024-25 budget bill, which contains several notable changes to New York’s employment laws. There are three notable amendments in the budget that directly impact New York...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently finalized a rule regarding implementation of the Pregnant Workers Fairness Act (PWFA). The PWFA, which went into effect on June 27, 2023, requires employers...more
The National Labor Relations Board recently ruled that Home Depot USA, Inc. violated federal labor law when it prohibited an employee from wearing a work apron containing a handwritten reference to “Black Lives Matter.” This...more
New York Governor Kathy Hochul signed a bill on September 6, 2023, which expands Section 201-d of the New York Labor Law to provide employees with protection from the political and religious ideologies of their employer. The...more
The National Labor Relations Board ruled on August 2, 2023, that employers’ workplace rules — such as those found in employee handbooks — will be evaluated under a more restrictive test that will surely impact how employers...more
Non-compete agreements continue to face intense scrutiny from government authorities.
On May 30, the General Counsel for the National Labor Relations Board (“NLRB” or “Board”) issued a guidance memorandum opining that...more
On May 1, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision that makes it more difficult for employers to discipline or discharge employees for their offensive or abusive conduct while engaged...more
On April 12, 2023, the New York State Department of Labor (“NYDOL” or “Department”) published a new version of the state’s Model Sexual Harassment Prevention Policy (“Model Policy”).
Among other things, the Model Policy...more
The National Labor Relations Board (“NLRB” or “Board”) recently made headlines, ruling in the McLaren Macomb case that employers can no longer offer severance agreements with overly broad confidentiality and non-disparagement...more
Most employers have seen recent headlines about the National Labor Relations Board’s stance that employee severance agreements will be deemed unlawful if they contain confidentiality or non-disparagement provisions. This...more
On January 5, 2023, the Federal Trade Commission (FTC) released a proposed rule aimed at prohibiting employers from utilizing non-compete clauses in employment agreements. Importantly, the proposed rule seeks to supersede all...more
Two recent late-year decisions from the National Labor Relations Board (“NLRB”) have the potential to significantly impact private sector employers across all industries.
1. The NLRB Expanded its Authority to Order...more
If your staff member wants his or her paycheck in cryptocurrency, should you – as an employer keeping up with the times — accommodate the request?
You don’t have to work in Silicon Valley or play for the NFL to field this...more
7/29/2022
/ Bitcoin ,
Blockchain ,
CFTC ,
Compensation ,
Cryptocurrency ,
Department of Labor (DOL) ,
Digital Assets ,
Estate Planning ,
Ethereum ,
Fair Labor Standards Act (FLSA) ,
New York ,
Payment Systems ,
Popular ,
Securities and Exchange Commission (SEC) ,
Wages
For nearly 75 years, employers have held the right to gather employees at work for mandatory meetings to discuss, in a non-coercive manner, the employer’s views concerning unionization. On April 7, 2022, however, National...more
On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) pending disposition...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The New York State Health Department’s Vaccine Mandate, adopted on August 26, requires personnel at general hospitals and nursing homes to have at least their first COVID-19 vaccination dose by September 27. Personnel at...more
New York's recently enacted Health & Essential Rights Act, otherwise called the HERO Act, has been modified.
As discussed in our earlier Alert, Governor Andrew Cuomo signed the HERO Act into law in early May. The law...more
With New York state adopting the CDC’s “Interim Public Health Recommendations for Fully Vaccinated People” on May 19, employers now have the option of easing restrictions related to COVID-19.
The guidance relaxes...more
On May 5, 2021, New York Governor Andrew Cuomo signed into law the “New York Health and Essential Rights” or “HERO” Act, adding new infectious disease prevention requirements for employers. The Act seeks to create enforceable...more
With New York's new Paid Sick Leave Law set to take hold on January 1, 2020, employers finalizing their leave policies should review additional guidance published by the N.Y. Department of Labor (DOL). Our earlier Legal Alert...more
On the evening of Oct. 19, 2020, New York State released long-anticipated guidance on the state's new Paid Sick Leave Law, or "PSL." The new law is not limited to coronavirus-related situations. It is instead a new, permanent...more
As explained in our earlier legal alert, New York State enacted legislation in March 2020 authorizing sick leave for all employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19...more
On February 26, 2020, the National Labor Relations Board (“NLRB”) released its long-anticipated rule that redefines the agency's test for determining whether businesses can be deemed "joint employers" for purposes of the...more
Revised rules from the New York State Department of Labor (“NYSDOL” or the “Department”) would impact many employers by expanding those situations for which an employee must receive "call-in pay." ...more
12/21/2018
/ Call-In Pay ,
Comment Period ,
Minimum Wage ,
NYDOL ,
On-Call Employees ,
Proposed Rules ,
Public Comment ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Work Schedules