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Labor & Employment Constitutional Law

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
Epstein Becker & Green

New York State’s Retail Worker Safety Act – New Obligations for Retail Workers Coming in 2025

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Retail employers in New York State will have to face new requirements beginning on March 4, 2025, as a result of the recent enactment of the State’s Retail Worker Safety Act (“Act”)....more

Mayer Brown

Communications in a Cyber Incident – Guidance

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The UK National Cyber Security Centre has published guidance on effective communications in a cyber incident. While targeted at organisations generally, rather than explicitly at pension scheme trustees, the guidance contains...more

Epstein Becker & Green

Courts Stay Consistent on Title VII’s Participation Clause, but the EEOC Has a Different Take

Epstein Becker & Green on

On October 3, 2024, the United States District Court for the District of Columbia’s Opinion and Order in Mark C. Savignac and Julia Sheketoff v. Jones Day, et al., 19-cv-02443-RDM, addressed Title VII’s “participation...more

BCLP

Employment Rights Bill, Whistleblowing, and Sex-based Discrimination

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This week we summarise three very recent developments in employment law, one involving the Employment Rights Bill (ERB) and two new cases....more

Parker Poe Adams & Bernstein LLP

EEOC Settles One of Its First Pregnant Workers Fairness Act Lawsuits With a Florida Resort

On October 11, 2024, a Florida federal court approved a consent decree between the U.S. Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties Inc. This settlement marks one of the first cases under the newly...more

Parker Poe Adams & Bernstein LLP

FTC Appeals Blocked Noncompete Rule

The FTC recently appealed a Texas federal court’s decision that blocked its proposed noncompete ban. On October 18, 2024, the agency filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit, contesting...more

Genova Burns LLC

FTC Rule On Non-Competes Is Bruised But Not Yet Beaten As FTC Appeals, While NLRB Continues To Challenge Non-Competes

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In April 2024, the FTC issued a Rule declaring invalid most existing non-compete agreements and prohibiting most employers from entering into new non-compete agreements after September 3, 2024, with few exceptions. Three...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Female Employee Not Entitled to ‘All the Way to the Top’ Pay Gap Adjustment, German Regional Labor Court Rules

Despite performing comparable roles, women are frequently remunerated at a lower rate than their male counterparts. The Regional Labor Court of Baden-Württemberg recently decided a case with similar circumstances (judgment of...more

Venable LLP

Ten Focus Areas for Avoiding AI Hiring Discrimination

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The Department of Labor (DOL) recently released an AI & Inclusive Hiring Framework, including ten focus areas employers should consider in order to remain compliant and avoid artificial intelligence (AI) hiring...more

Venable LLP

The Supreme Court Kicks Off the New Term with an Eye Towards Employment Law

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The U.S. Supreme Court kicked off its new term on October 7, 2024. This term, the Supreme Court has been asked to weigh in on at least four cases that raise important issues that may have far-reaching implications for...more

Saul Ewing LLP

New York Takes Steps to Curb Workplace Violence in Retail Businesses

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On September 4, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (Labor Law §27-e), which requires certain employers to adopt a workplace violence prevention policy and implement annual training, and...more

Littler

OSHA Issues New Inspection Guidance Targeting Animal Slaughtering and Processing Establishments

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On October 15, 2024, the U.S. Department of Labor released expanded guidance for OSHA inspections of employers in the animal slaughtering and processing industry. This guidance supersedes previous guidance issued in 2015,...more

Faegre Drinker Biddle & Reath LLP

Post-Chevron Challenge to Overtime EAP Exemption Pending

On August 12, 2024, the Association of Christian Schools International (ACSI), a Colorado-based nonprofit that supports evangelical Christian schools, filed a complaint against the U.S. Department of Labor (DOL) challenging...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You can be critical of the business

When I was at law school at American University Washington College of Law, I was the Executive Editor of The American Jurist, which was the student news magazine for my final year of law school. I wasn’t a particularly fond...more

Bradley Arant Boult Cummings LLP

Where Are We on Noncompetes? Update on the Federal Role

We have news on two fronts: First, the FTC Rule - As related to the Federal Trade Commission’s nationwide ban on noncompete agreements, the FTC has appealed the federal court injunction in Texas to the federal Fifth...more

A&O Shearman

Pensions: Joint DB & DC trustee agenda update – November 2024

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Welcome to our monthly update on current legal issues for trustees of DB and hybrid pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on...more

A&O Shearman

Pensions: DC trustee agenda update - November 2024

A&O Shearman on

Welcome to our monthly update on current legal issues for trustees of DC pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on your next...more

Seyfarth Shaw LLP

FinCEN’s October 2024 Beneficial Ownership Information FAQ Update

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On October 3, 2024, the Financial Crimes Enforcement Network (FinCEN) issued new guidance concerning the Corporate Transparency Act (CTA) by updating and expanding on the Beneficial Ownership Information (BOI) Reporting...more

Ward and Smith, P.A.

Legal Showdown Continues: FTC Appeals Court Ruling Against Non-Compete Ban

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True to its word, the FTC has appealed the ruling. Texas District Court Blocks the Non-Compete Rule - As we previously reported, on August 20, 2024, Judge Ada E. Brown, a United States District Judge for the Northern...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Annuities in 401(k) Plans

As Michael Corleone said in the very underrated “The Godfather Part III”, “Just when I want to get out, they keep bringing me back in.”...more

Perkins Coie

Novel Decision Striking Down False Claims Act’s Qui Tam Statute Tees Up Further Litigation Over Whistleblower Lawsuits

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A recent Florida district court decision declared that the False Claims Act’s (FCA) qui tam provision violates the Constitution by vesting executive power in private whistleblowers (relators) that have not been appointed by...more

Woodruff Sawyer

Navigating Workers’ Compensation Psych Claims

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Workers’ compensation stress claims can be, well, stressful. Both the employee who has filed the claim and the employer who must handle it experience frustrations. Also, stress claims (also called psych claims) are often...more

Stevens & Lee

Compare and Contrast: Key Differences Between the FTC’s Proposed Rule and Final Rule Amending Premerger Notification Requirements

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This white paper details the significant differences between the Federal Trade Commission’s Proposed Rule and recently issued Final Rule with respect to various premerger reporting requirements under the Hart-Scott-Rodino...more

Fisher Phillips

Missouri Voters to Decide on Minimum Wage Hikes and Paid Sick Leave: What’s at Stake for Employers If “Proposition A” Passes this...

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Missouri employers of all sizes could be significantly impacted if voters approve a state ballot initiative this Election Day that would gradually increase the minimum wage to $15 per hour by 2026 and guarantee paid sick...more

HaystackID

AI in the Workplace: Best Practices and Worker Well-being

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The transformative role that artificial intelligence (AI) plays in modernizing business operations is undeniably profound, yet it brings with it a maze of ethical and practical considerations. This week, the U.S. Department...more

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