This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more
8/26/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Chevron Deference ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Non-Compete Agreements ,
Pending Litigation ,
Popular ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more
7/17/2024
/ College Athletes ,
Colleges ,
Compensation ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
Right to Control ,
Universities
From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more
6/7/2024
/ #MeToo ,
Anti-Harassment Policies ,
Contract Terms ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Non-Disclosure Agreement ,
Settlement Agreements ,
Severance Agreements ,
Sexual Harassment ,
State Labor Laws
On August 25, 2023, the National Labor Relations Board (NLRB or the Board) decided that employers must either recognize a new union or promptly file for an election when a union asks for recognition based on a majority of...more
On June 29, 2023, in a 6-3 decision along ideological lines, the Supreme Court drastically altered college admissions by ruling that affirmative action admissions practices violated the Equal Protection Clause of the...more
7/10/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more
6/5/2023
/ Colleges ,
Employee Definition ,
Employee Rights ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Students ,
Title IX ,
Universities ,
University of Southern California (USC) ,
Wage and Hour
As we previously discussed, the Federal Trade Commission (FTC) has proposed a rule that, if enacted, would result in a nearly complete nationwide ban on employers' use of non-compete agreements. The rule has passed through...more
Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more
4/19/2023
/ Confidential Information ,
Confidentiality Agreements ,
Contract Terms ,
New Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Proprietary Information ,
Restrictive Covenants ,
Retroactive Application ,
Severance Agreements ,
Severance Pay ,
Trade Secrets
The U.S. Department of Labor (DOL) Wage and Hour Division recently issued a Field Assistance Bulletin (FAB) advising on certain applications of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) for...more
As is often the case, when a presidential administration changes, so may a prior rule issued by the National Labor Relation Boards (NLRB or the Board). On February 21, 2023, the Board returned to its pre-Trump administration...more
The U.S. Equal Employment Opportunity Commission (EEOC) has a new target—the construction industry. During a public hearing earlier this year, the EEOC accused the construction industry of perpetuating a culture of racism and...more
As internship season ends, now is a perfect time for employers to review their internship programs to ensure compliance with federal, state and local labor and employment laws.
Overview of Internships -...more
Recently the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued GC Memo 22-04, which seeks to bar employers from convening employee meetings on working time to address union representation...more
In March 2022, New York Governor Kathy Hochul signed three new bills into law that bolster New York State's anti-harassment and anti-discrimination laws. These three enacted laws address (i) release of employee personnel...more
On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), drastically limiting the scope of pre-dispute arbitration agreements and class/collective...more
Besides receiving what is hoped to be sound and constructive advice, the use of legal counsel by human resources (HR) departments and in-house counsel on HR matters may have the additional benefit of protecting sensitive, and...more
On Monday, January 24, 2022, the Supreme Court of the United States (the Supreme Court) announced it will hear a challenge to the use of affirmative action in admissions for institutions of higher education (IHE). The two...more
2/3/2022
/ Affirmative Action ,
Certiorari ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Race Discrimination ,
SCOTUS ,
Title VI ,
Universities