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SCOTUS Alert: Muldrow Moves the Title VII Bar

On April 17, 2024, the Supreme Court of the United States ruled in Muldrow v. St. Louis that Title VII of the Civil Rights Act prohibits discriminatory job transfers, even if the harm is not “significant.”...more

FTC Bans Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule effectively banning non-compete agreements in the employment context. This final rule follows a proposed rule published by the FTC on January 5,...more

CFPB Proposes a Rule on Personal Financial Data Rights

The fourth quarter of 2023 has seen significant proposed rulemaking from regulators. Just over a week after the Federal Trade Commission issued its Notice of Proposed Rulemaking on its “junk fees” rule, the Consumer Financial...more

The FTC Proposes a New Rule on “Junk Fees”

On October 11, 2023, the Federal Trade Commission (“FTC”) published its Notice of Proposed Rulemaking for a new “Rule on Unfair and Deceptive Fees” — popularly referred to as the “junk fee” rule. The new rule, which will be...more

Supreme Court Expands Religious Accommodation Protection Under Title VII

On June 29, 2023, the Supreme Court of the United States handed down its unanimous decision in Groff v. DeJoy, which heightened the burden that employers bear in proving that an employee’s request for a religious...more

High Court Review of CFPB’s Funding Structure Could Invalidate “Payday Lending Rule”

This coming term, the Supreme Court of the United States will hear arguments over the validity of a federal regulation that has stymied payment processors in recent years. In 2017, the Consumer Financial Protection Bureau...more

National Labor Relations Bombshell: The NLRB Cracks Down on Confidentiality and Non-Disparagement Provisions

On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision focusing on confidentiality and non-disparagement provisions in employment severance agreements. In McLaren Macomb v. Local RN Staff Council,...more

The FTC Blacklists Dark Patterns

It’s happened to all of us. You’re browsing online and a pop-up appears, blocking the entire screen and urging you to enter your email in exchange for 10% off. You look for the “X” to close the window, but there isn’t one....more

SCOTUS Rules on the Fair Labor Standards Act’s Salary Basis Test

On February 22, 2023, the Supreme Court of the United States issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt, holding that a manager who supervised a dozen employees and made over $200,000 annually was not...more

Supreme Court Hears Oral Argument Over the Fate of OSHA’s ETS

On Friday, January 7, 2022, the Supreme Court of the United States heard an oral argument on the consolidated multi-state challenge to the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS)....more

Government Investigations Team Insights - December 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we discuss recent criticism of the Justice Department’s use of “taint teams” to review...more

The FTC and CFPB Target Big Tech, While the Chamber of Commerce Pushes Back

The first full year of the Biden Administration has seen an overhaul of the leadership of executive agencies, coupled with an intense focus on how big business affects the United States economy. ...more

The Sixth Circuit “Wins” the Lottery and Will Hear the Many Lawsuits Challenging the Now-Stayed OSHA ETS

On November 16, 2021, the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) was selected to hear the many legal disputes relating to OSHA’s recent Emergency Temporary Standard (“ETS”) that proliferated in...more

The Biden Administration’s New Mandatory Vaccination/Weekly Testing Requirements for Private Employers, and the Expected OSHA ETS...

With the reopening of large segments of the workplace and the emergence of the Delta variant, employers have grappled with difficult and often polarizing issues regarding how to implement COVID-19 vaccination protocols in the...more

AGG Talks: Solving Employers’ Problems - Health Plan Premium Surcharges for the Unvaccinated: Are They Legal and How Do They Work? [Audio]

Our podcast series, "AGG Talks: Solving Employers’ Problems," features AGG attorneys discussing challenges they have encountered when assisting clients on business and legal issues related to the employment relationship. HR...more

Colorado Opens the Door to Surcharging: Five Key Takeaways

On Friday, July 9, 2021, Colorado’s governor signed a new law changing Colorado’s status from one of the few states that bans surcharging to one that expressly permits it. Colorado Revised Statute § 5-2-212—which takes effect...more

AGG Talks: Solving Employers’ Problems - The American Rescue Plan Act’s COBRA Subsidy: What Is It and How Does It Work? [Audio]

Our podcast series, "AGG Talks: Solving Employers’ Problems," features AGG attorneys discussing challenges they have encountered when assisting clients on business and legal issues related to the employment relationship. HR...more

AGG Talks: Solving Employers’ Problems - How to Address Employees Who Do Not Want to Return to the Workplace [Audio]

Our podcast series, "AGG Talks: Solving Employers’ Problems," features AGG attorneys discussing challenges they have encountered when assisting clients on business and legal issues related to the employment relationship. HR...more

Anti-Money Laundering Act Expands Regulation of Cryptocurrency and Other Digital Assets

We previously wrote about the National Defense Authorization Act for Fiscal Year 2021 (the “NDAA”), which became law on January 1, 2021. The NDAA includes the Anti-Money Laundering Act of 2020 (the “AML Act”), which in turn...more

Three-Pronged Approach: The NDAA Prioritizes a Pro-Domestic Procurement Policy

On January 1, 2021, the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”) was passed by Congress and became law, following an attempted veto by former President Donald Trump. The NDAA’s primary purpose is to...more

To Mask or Not To Mask? Interpreting the CDC’s New Guidance for Fully Vaccinated Individuals

On May 13, 2021, the Centers for Disease Control and Prevention issued updated guidance stating that fully vaccinated people no longer need to wear a mask or physically distance, including if indoors. Fully vaccinated...more

The Tail Must Stop Wagging the Dog: Unanimous Supreme Court Reins in FTC Section 13b Authority

As we previously wrote, one of the biggest FTC decisions in decades was recently argued before the United States Supreme Court. And on Thursday, April 22, 2021, the Supreme Court unanimously ruled against the Federal Trade...more

Break It Up: FTC Files Antitrust Action Against Big Pharma Companies

On January 25, 2021, just weeks after Congress directed the Federal Trade Commission (FTC) to scrutinize the healthcare industry for anti-competitive activity, the FTC filed a meticulously detailed complaint against Endo...more

A New Sheriff in Town: Former FTC Commissioner Rohit Chopra Chosen to Lead CFPB

On January 18, 2021, President Biden appointed Federal Trade Commissioner Rohit Chopra to direct the Consumer Financial Protection Bureau (CFPB). The CFPB was created through the Dodd-Frank Act in 2010 and began to operate...more

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