For the past several years, state AGs have been “checked-in” when it comes to hidden hotel and resort fees. (Revisit our round-up of AG actions against those fees here). To date, these enforcers have largely relied on their...more
General Kris Mayes recently filed two new lawsuits against Amazon.
The first accuses Amazon of using “dark patterns,” or digital design tricks, that make it difficult for consumers to cancel their Prime subscriptions....more
What trends are shaping consumer protection in 2024?
From kids on social media to fake reviews and junk fees, state AGs are working across state (and partisan) lines on initiatives that promise to mold the consumer...more
Another week, another flag on so-called junk fees.
The FTC is in the midst of a months-long rulemaking targeting “unfair or deceptive fees” that would fundamentally alter the way businesses can advertise their prices to...more
As New York lawmakers consider legislation that would give the Attorney General broad new powers to target “unfair” trade practices, we brought the first installment of our 2024 Attorney General Webinar Series to the Empire...more
New York Attorney General Letitia James joined Kelley Drye for its January State AG webinar to discuss consumer protection in the Empire State and her support for legislative reform that would grant the AG’s Office new powers...more
Massachusetts AG Andrea Joy Campbell recently announced that Grubhub, one of the nation’s most prominent food delivery platforms, will pay more than $3.5 million to settle claims that it overcharged restaurants in violation...more
For New York employers, the standards for sexual harassment may be shifting. The state requires all employers to adopt its model sex harassment policy or craft one that equals or exceeds minimum standards. Recently, the New...more
New York City is poised to become the largest city in the nation to ban discrimination on the basis of a person’s height or weight.
Earlier this month, the New York City Council passed Bill INT 0209, new legislation that...more
For New York employers, the standards for sexual harassment may be shifting. The state requires all employers to adopt its model sex harassment policy or craft one that equals or exceeds minimum standards. Recently, the New...more
The FTC is in the midst of a major rulemaking that could impact nearly every labor and service relationship in the nation. In this article from Employee Benefit Plan Review, Mark Konkel and Shea O’Meara look at the FTC’s...more
Two recently-introduced bills are sending a message in Washington D.C.: federal law should harmonize with states on marijuana issues.
The first, the Small Business Tax Equity Act, would upend a little-known section of...more
New York’s legal cannabis market is growing up. And it with? More regulations.
The Cannabis Control Board, a subset of the Office of Cannabis Management charged with overseeing marijuana regulations statewide, approved a...more
The political battle around noncompetes just got a major boost from the Federal Trade Commission (FTC or Commission). In a bold new move, the Commission announced a historic new rule that would ban nearly all noncompetes...more
2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more
4/3/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Pay Transparency ,
Restrictive Covenants ,
Wage and Hour
There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements.
During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to...more
When the FTC proposes a rule that could regulate nearly every employer in the nation, we take notice. In this second installment of our series on the FTC’s proposed rule to ban noncompete agreements, we provide a pragmatic...more
1/17/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
In a notable victory for the #MeToo movement, President Biden recently signed the “Speak Out Act” into law. It became effective December 7, 2022.
This bipartisan legislation targets and effectively prohibits the use of...more
A wave of labor strikes in October of 2021 led experts to dub the month “Striketober.” And this year, we saw the trend continue as companies across the nation faced a number of work stoppages through late-September and...more
The Illinois Biometric Information Privacy Act (BIPA) has been on the books as one of the nation’s most protective biometric privacy statutes since 2008. It was also one of the first to give individuals a cause of action for...more
The Great Resignation of 2021 and 2022 has spawned what we are calling “The Great Rehire.” To sort through the deluge of new applicants, many employers have become more reliant on technology such as artificial intelligence...more