On August 31, 2023, the Delaware Court of Chancery held, with respect to a non-compete provision in an employment agreement, that: (1) the choice of law provision selecting Delaware was “not necessarily binding”; and (2) the...more
2022 saw highly impactful whistleblower and retaliation events primarily resulting from an active U.S. Securities and Exchange Commission, an aggressive approach taken by the Occupational Safety and Health Administration, and...more
1/4/2023
/ Anti-Retaliation Provisions ,
Appeals ,
Department of Labor (DOL) ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
NEPA ,
OSHA ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Uber ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
The Pro Bono Project is a New Orleans-based non-profit providing free civil legal services to underserved members of six South Louisiana parishes. Managed by The Pro Bono Project and staffed with volunteers — including...more
Five years ago, Hollywood actresses, Olympic gymnasts, and women across a variety of sectors sparked the #MeToo movement with allegations of sexual harassment against entertainment, sports, and business leaders. The movement...more
10/25/2022
/ #MeToo ,
Anti-Harassment Policies ,
Arbitration ,
Equal Employment Opportunity Commission (EEOC) ,
Non-Disclosure Agreement ,
Noncompliance ,
Settlement Agreements ,
Sexual Assault ,
Sexual Harassment ,
Workplace Harassment Guidance ,
Zero Tolerance Policies
On July 20, 2022, the Tenth Circuit affirmed a $1 million jury award to a former employee who claimed he was demoted in retaliation for reporting that his supervisor instructed him to falsify test results on a program used by...more
On July 13, 2022, the First Circuit reversed a denial of summary judgment, finding plaintiff could not satisfy his burden of showing he engaged in protected activity under the SOX whistleblower protection provision. Baker v....more
On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification Amendment Act of 2022 (“the Amendment”). As...more
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on...more
6/13/2022
/ Contract Terms ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability...more
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more
4/5/2022
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Bias ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hiring & Firing ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Wrongful Termination
On March 24, 2022, Washington Governor Jay Inslee signed into law Engrossed Substitute House Bill 1795 also known as the “Silenced No More Act” (“the Act”). The Act prohibits agreements containing nondisclosure and...more
3/29/2022
/ Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Harassment ,
Independent Contractors ,
Labor Law Violations ,
Labor Reform ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
State Labor Laws ,
Washington
The District of Columbia’s ban on non-compete agreements is delayed again. As we previously reported, the DC Government enacted The Ban on Non-Compete Agreements Amendment Act (the “Act”) in January 2021, which creates one of...more
On January 7, 2022—the same day the Supreme Court of the United States heard oral arguments concerning the OSHA workplace vaccine mandate—the Louisiana Supreme Court (“LA Supreme Court” or the “Court”) upheld a private...more
1/10/2022
/ At-Will Employment ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Declaratory Relief ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Healthcare Workers ,
Infectious Diseases ,
Injunctive Relief ,
LA Supreme Court ,
Right to Privacy ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more
12/31/2021
/ Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Misclassification ,
NLRA ,
Regulatory Agenda ,
Wage and Hour
As we reported this past summer, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” At the time, President Biden urged the chair of the Federal Trade Commission (the “FTC”) to...more