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Three Steps For-Profit Employers Should Take in Light of FTC Non-Compete Rule

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that would ban most non-compete agreements with workers across the country. Pending potential action by a court, the final rule is set to take effect...more

NYC’s Latest Amendments on Earned Sick, Safe Time Provide Private Right of Action

Effective March 20, 2024, the New York City Earned Safe and Sick Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more

New York City’s Latest Amendments on Earned Sick and Safe Time Provides a Private Right of Action Including Compensatory Damages,...

Effective March 20, 2024, the New York City Earned Sick and Safe Time Act (ESSTA) creates a private cause of action for alleged statutory violations. Employers may now face potential civil and/or class actions, in addition to...more

Noncompete Clauses Banned Nationwide (For Now)

The Federal Trade Commission (FTC) issued a final rule on Tuesday, April 23, banning noncompete agreements across the country. The FTC issued a proposed rule in January 2023 banning noncompetes, received a massive number of...more

NLRB Issues Memorandum on Union Elections

There has been a great amount of activity in union organizing efforts in recent years. Many societal and market changes, as well as the impact of the pandemic on various working arrangements, serve as the foundational basis...more

New York City Council Passes Employee Bill of Rights Legislation

On December 3, the New York City Council passed a bill referred to as the New York City Employee Bill of Rights. Essentially, the bill would require coordination among a number of New York City agencies, including the New...more

National Employment Perspective | Focus on California Wage and Hour

FOCUS ON CALIFORNIA WAGE AND HOUR - Ninth Circuit Interprets When Furlough or Temporary Layoff is a Discharge - A recent Ninth Circuit decision imposes new obligations on California employers that furlough or...more

Pregnant Workers Fairness Act Expands Protections for Pregnant Employees

The Pregnant Workers Fairness Act (PWFA) expands on the protections prohibiting discrimination based on pregnancy. At its core, PWFA requires employers to provide “reasonable accommodations” to known limitations related to...more

Proposed DOL Rule Would Raise Salary Threshold for Exempt Employees

The United States Department of Labor (DOL) announced recently that it is proposing a rule to raise the salary threshold required for an employee to be exempt from the Fair Labor Standards Act’s overtime requirements. An...more

National Employment Perspective - Focus on Wage and Hour

FOCUS ON WAGE AND HOUR - Proposed DOL Rule Would Raise Salary Threshold for Exempt Employees - The United States Department of Labor (DOL) announced recently that it is proposing a rule to raise the salary threshold...more

National Employment Perspective | Focus on the Pregnant Workers Fairness Act

FOCUS ON THE PREGNANT WORKERS FAIRNESS ACT - Pregnant Workers Fairness Act Expands Protections for Pregnant Employees - The Pregnant Workers Fairness Act (PWFA) expands on the protections prohibiting discrimination...more

New Global Workplace [Audio]

The pandemic has changed the way the world works. Employers are dealing with demands from employees who want the workplace to work for them. Shook Employment Litigation and Policy Chair Bill Martucci discusses with colleagues...more

California Dreaming [Audio]

We’ve all heard the song “California Dreaming.” But it’s no dream for employers that Golden State trends impact wage and hour laws across the country. California has some of the nation’s strictest wage-and-hour laws and...more

Florida Broadens Requirement to Utilize the Federal E-Verify System, Employers Face Penalties for Failure to Comply

Multiple states have adopted various E-Verify requirements, making compliance tricky for employers operating in numerous states. In March 2023, Florida Governor Ron DeSantis signed into law a bill that, among other things,...more

Recent Ninth Circuit Decision Finds Oregon Employers Not Required to Pay for Security Checks

In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more

The Federal Trade Commission Publishes Proposed Non-Compete Rule

On January 5, 2023, the Federal Trade Commission (FTC) published a new proposed rule that would ban employers’ use of covenants not to compete. The rule comes in the wake of an Executive Order issued by the Biden...more

Ruling Offers California Employers Guidance on Calculating Regular Rate of Pay

A Ninth Circuit panel recently ruled that Target Corp.’s pay practices comport with California law, and as such, Target’s motion for judgment on the pleadings should have been granted by the district court. See Bowen v....more

Verdict Forms are Key in Executive Exemption Cases

A California appellate court recently overturned a jury verdict finding a Jack in the Box manager was misclassified under the executive exemption. The court found one question on the jury verdict form was too narrow in that...more

Upcoming Changes to California’s Salary Transparency Law

Most employers doing business in California are likely to soon face increased reporting and pay transparency requirements under a new law that is set to be signed by Governor Gavin Newsom. The law, which would expand...more

Focus On The Crown Act

The Massachusetts Crown Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination. The purpose of the Crown Act is to prohibit the denial of...more

Focus On The Right To Disconnect And The Ontario Working For Workers Act

The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a...more

New York City's Salary Transparency Law

Beginning November 1, 2022, a recent amendment—often referred to as the “Salary Transparency Law”—to the New York City Human Rights Law (NYCHRL) is set to go into effect. The Salary Transparency Law requires certain employers...more

Covenants Not to Compete

In light of the many dynamic public policy considerations in this area of the law, this brief summary of New York law may be helpful for employers trying to navigate covenants not to compete both in hiring and terminating....more

Podcast: Do You Have to Pay for Training Time? [Audio]

Hear how a decades-old landmark law guides today’s employers on some of the most pressing issues facing companies. Bill Martucci, who leads Shook, Hardy & Bacon’s national Employment Litigation and Policy Practice, shares...more

Illinois More than Doubles Penalties for Unpaid Wage Claims

The Illinois governor has signed an amendment to the state's Wage and Payment Collection Act that increases the penalty for underpaying employee wages from 2% of the amount of the underpayment per month to 5%....more

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