Retail employers in New York state will be required to issue workplace violence prevention policies and conduct annual workplace violence prevention training beginning March 3, 2025, under the New York Retail Safety Act...more
In one of the most highly anticipated court rulings of the summer, on August 20, 2024, the U.S. District Court for the Northern District of Texas concluded that the FTC's Non-Compete Rule, which makes most non-compete...more
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania issued a decision greenlighting the Federal Trade Commission's (FTC) final rule banning most non-compete agreements in the United States and...more
The FTC's rule invalidating most non-competition clauses in the United States would have gone into effect on September 4, 2024; now the FTC's rule is on indefinite hold as this court decision winds its way through the appeals...more
On June 17, 2024, the CFTC's Division of Enforcement announced that it had reached a settlement with Trafigura Trading LLC ("Trafigura") over allegations that the firm manipulated oil derivatives prices while discouraging...more
7/2/2024
/ Anti-Bribery ,
Carve Out Provisions ,
CFTC ,
DOJ Strike Force ,
Employment Discrimination ,
Enforcement ,
Foreign Corrupt Practices Act (FCPA) ,
Harassment ,
Market Manipulation ,
Misappropriation ,
Non-Disclosure Agreement ,
Professional Regulators ,
Securities and Exchange Commission (SEC) ,
Special Investigators ,
Trading Platforms ,
Whistleblower Protection Policies
Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final...more
5/9/2024
/ Corporate Executives ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Popular ,
Restrictive Covenants ,
Trade Secrets
New York employers will soon be required to provide two new paid benefits to their employees. Pursuant to the recently passed New York state budget, New York employers will be required to provide: (i) additional paid leave to...more
Occam's Razor holds that sometimes the simplest explanation is the right one. On April 23, 2024, the U.S. Federal Trade Commission ("FTC") took such a view, announcing in a 3-2 vote along party lines that, as the U.S. agency...more
4/24/2024
/ Department of Labor (DOL) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Intellectual Property Protection ,
Memorandum of Understanding ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
U.S. Commerce Department
By July 1, 2024, employers in New York City are required to post and provide their employees with a "Workers' Bill of Rights," which has now been issued by the Department of Consumer and Worker Protection ("DCWP"). DCWP also...more
3/18/2024
/ Anti-Discrimination Policies ,
City of New York ,
Compensation & Benefits ,
Disability Benefits ,
Employee Rights ,
Family and Medical Leave Act (FMLA) ,
Fast-Food Industry ,
Forced Labor ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Human Trafficking ,
Noncompliance ,
Paid Family Leave Law ,
Paid Sick Leave ,
Penalties ,
Prevailing Wages ,
Safe Leave ,
Unions
Following a recent court decision and pronouncement from the governor, New York employers may see a decline in the number of "frequency of pay" lawsuits brought by manual workers for failure to pay on a weekly basis. This...more
Employers will be required to provide their employees with a "Workers' Bill of Rights" by July 1, 2024. The New York City Council passed a bill on November 2, 2023, amending the New York City Administrative Code to mandate...more
Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...more
11/22/2023
/ Confidentiality Agreements ,
Employment Discrimination ,
Forfeiture ,
Harassment ,
Human Rights ,
Liquidated Damages ,
New York ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Penalties ,
Retaliation ,
Settlement ,
State Bans
Employers should prepare themselves for the multitude of employment laws slated to become effective in 2024. We summarize some of the key changes and offer practical advice below.
...more
11/17/2023
/ Corporate Counsel ,
Disclosure Requirements ,
Employee Benefits ,
Minimum Wage ,
New Legislation ,
New York ,
NYDOL ,
Proposed Regulation ,
Regulatory Agenda ,
Social Media ,
State Labor Laws ,
Tipped Employees ,
Uniforms ,
Vaccinations
On September 14, 2023, New York Governor Kathy Hochul signed two additional laws governing employer actions in New York State. Specifically, New York now further regulates the required employer notices regarding unemployment...more
The state of New York has enacted legislation clarifying the scope of an employer's ownership of intellectual property created by its employees (A. 5295). Effective immediately, Governor Hochul has signed a law invalidating...more
New York employers faced with union organizing are now prohibited from holding mandatory "captive audience" meetings (i.e., meetings in response to union organizing campaigns) and disciplining employees who refuse to attend...more
New York employers have another reason to ensure that all employees are properly paid: the risk of criminal prosecution. On September 6, 2023, New York Governor Kathy Hochul signed an amendment to the New York Penal Law which...more
Amendments to the New York State Worker Adjustment and Retraining Notification Act (NY WARN Act) that the New York State Department of Labor (NY DOL) adopted in June 2023 are now in effect. Among other things, the amended...more
Under a bill introduced at the New York City Council meeting on June 22, 2023, New York City employers would be required to allow employees to accrue up to 80 hours of personal time off that can be used for any reason, in...more
On June 7, 2023, the New York State Senate passed new sweeping legislation, Senate Bill S3100A (the "Bill"), which would ban post-employment noncompete agreements in New York. The Bill now heads to the New York State...more
As previously reported, the New York City council passed a bill prohibiting discrimination on the basis of an applicant or employee's actual or perceived height or weight. On May 26, 2023, New York City Mayor Eric Adams...more
The Minnesota Legislature passed a bill, which Governor Tim Walz signed into law on May 24, 2023, that renders most future noncompete agreements with an employee or independent contractor void and unenforceable. The bill is...more
The New York City council passed a bill on May 11, 2023, prohibiting discrimination on the basis of an applicant's or employee's actual or perceived height or weight. The bill would amend the New York City Human Rights Law to...more
The New York State Department of Labor has added a new model sexual harassment training policy and new training materials to its "Combating Sexual Harassment in the Workplace" website. While employers are not required to...more
On January 12, 2023, the New York State Department of Labor (the "NYSDOL"), in consultation with the New York State Division of Human Rights (the "NYSDHR"), released a proposed Sexual Harassment Prevention Model Policy aimed...more