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
Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII....more
5/7/2024
/ Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Arbitration ,
Bissonnette v LePage Bakeries Park St LLC ,
Civil Rights Act ,
Department of Labor (DOL) ,
Documentation ,
Employee Transfers ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Harassment ,
Lactation Accommodation ,
LGBTQ ,
Muldrow v City of St Louis ,
Over-Time ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
SCOTUS ,
Title VII ,
Undue Hardship
As of today, March 12, 2024, a New York state statute, in certain circumstances, restricts employers “from requesting or requiring that an employee or applicant disclose any . . . means for accessing a personal account...more
3/13/2024
/ Adverse Employment Action ,
Broker-Dealer ,
California Privacy Rights Act (CPRA) ,
CFTC ,
Compliance ,
Employee Misconduct ,
Employee Rights ,
Enforcement Actions ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Standards ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Social Media ,
Surveillance
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
2/29/2024
/ ADEA ,
Adverse Action ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
EEO ,
Publicly-Traded Companies ,
Recordkeeping Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Title VII ,
Whistleblower Protection Policies
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
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
4/1/2022
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Human Rights ,
Labor Reform ,
New Legislation ,
New York ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
This OnPoint is the first in a series that will examine important trends and developments in class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA). Here, we look at the current litigation...more
11/20/2020
/ Article III ,
Breach of Duty ,
Class Action ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Investment Management ,
Retirement Plan ,
Standing ,
Stock Drop Litigation ,
Thole v U.S. Bank
On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more
7/15/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Hiring & Firing ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Religious Workers ,
Reversal ,
SCOTUS ,
Teachers ,
Title VII ,
Wrongful Termination
On Monday, in a 6-3 decision led by Justice Gorsuch, and joined by Chief Justice Roberts, the United States Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination against individuals...more
6/18/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
5/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Federal Labor Laws ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Risk Assessment ,
State Labor Laws ,
Workplace Decontamination ,
Workplace Safety