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McDermott Will & Emery

Revisiting Trade Secret Strategies Following the FTC’s Ban on Noncompete Agreements

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On April 23, 2024, in a move that will have significant ramifications for employment contracts and intellectual property (IP) rights, the Federal Trade Commission (FTC) issued a rule banning all future noncompete agreements...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day Three Recap

The following is Part 3 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE  published the first installment on Monday,...more

Bradley Arant Boult Cummings LLP

Check for Bankruptcies with Your Claimant – You Might Find Gold | Insights & Events

If your company is named in a new lawsuit or receives a EEOC charge, part of your review process should include checking to see if the filing complainant or plaintiff has a pending bankruptcy action. If so, the next step is...more

Perkins Coie

New York Bans Employers From Requiring Disclosure of Personal Social Media Login Credentials

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New York Governor Kathy Hochul signed into law bill A.836 on September 14, 2023, prohibiting employers from requesting or requiring employees or job applicants to disclose the login credentials for their personal social media...more

McDermott Will & Emery

Illinois Supreme Court Denies Rehearing of BIPA Claim Accrual Ruling

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On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Whistleblower Statute Protects Employees Who Disclose Allegedly Unlawful Conduct Even When it is Already...

Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more

Perkins Coie

California Supreme Court Broadens Whistleblower Protections

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The California Supreme Court (the Court) issued a unanimous decision on May 22, 2023, in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. The ruling broadened the interpretation of “disclose” under California Labor...more

Health Care Compliance Association (HCCA)

Privacy Briefs: May 2023

Five former Memphis-based hospital employees and another man have pled guilty to unlawfully disclosing patient information in violation of HIPAA, U.S. Attorney for the Western District of Tennessee Kevin Ritz announced....more

Perkins Coie

Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure

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The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act (BIPA) and created potentially catastrophic exposure for Illinois businesses. In a close 4-3...more

DirectEmployers Association

OFCCP Week In Review: February 2023 #3

Monday, February 13, 2023: NLRB Again Extended Reply Comment Period on Proposed Fair Choice and Employee Voice Rule - Deadline for Reply Comments Now March 1 - Board Noted Administrative Error in Online Public Comment...more

Skadden, Arps, Slate, Meagher & Flom LLP

ESG Momentum Remains Strong but May Face Headwinds in 2023

As companies grapple with the business challenges that rising interest rates and an uncertain economic outlook present, there are the inevitable questions about whether companies should worry less about environmental, social...more

Woods Rogers

OFCCP Update: Possible Public Disclosure of EEO-1 Information

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Federal contractors should be aware of a recent development that could result in the public disclosure of their EEO-1 information. The EEO-1 Component 1 report is a mandatory annual data collection requiring all federal...more

McDermott Will & Emery

Federal Contractors' EEO-1 Reports May Be Revealed

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The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently broadcasted a notice to federal contractors of its potential release of their EEO-1 reports. Contractors have until September 19,...more

Littler

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

Epstein Becker & Green

Connecticut Department of Labor Guidance on Wage Range Disclosure Law Still Leaves Questions Unanswered

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The Connecticut Department of Labor recently issued non-binding guidance regarding Public Act 21-30, “An Act Concerning the Disclosure of Salary Range for a Vacant Position” (“Act”). The Act went into effect on October 1,...more

Bass, Berry & Sims PLC

Potential SEC Disclosure Considerations Related to Vaccine Mandates

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As you have inevitably read about, in September 2021, the Biden administration instructed the Department of Labor’s Occupational Safety and Health Administration (OSHA) to write a rule that would generally require employers...more

Steptoe & Johnson PLLC

New HIPAA Guidance from OCR on COVID-19 Vaccines and the Workplace

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The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued guidance regarding the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) privacy rule (the “Privacy Rule”) in the...more

Bass, Berry & Sims PLC

A Survey of Recent SEC Comment Letters on Human Capital Disclosures

Late last year, the Securities and Exchange Commission (SEC) adopted amendments to modernize the description of business, legal proceedings, and risk factor disclosures that registrants are required to make according to...more

Verrill

Connecticut Employers Take Note – Cease Seeking Past Pay Information

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Big changes are coming to Connecticut employers and with it, many organizational hiring practices with the passage of HB Number 6380. HB Number 6380 limits the disclosure of wage information from past positions. Currently,...more

McDermott Will & Emery

Department of Labor Exemption Impacts Investment Advice Fiduciaries

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The US Department of Labor (DOL) recently issued guidance concerning a new exemption under the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the provision...more

Bradley Arant Boult Cummings LLP

Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC Guidelines

Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling...more

Bracewell LLP

Employer Considerations in Light of Updated CDC Recommendations for Fully Vaccinated People

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On Thursday, May 13, 2021, the Centers for Disease Control and Prevention (CDC) delivered welcome news for vaccinated individuals in the form of revised Interim Public Health Recommendations for Fully Vaccinated People. The...more

Dechert LLP

Employers and Domestic Abuse

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In this OnPoint we report on how employers can manage and support employees experiencing domestic abuse. Introduction - Domestic abuse is an issue that has become more prevalent due to the COVID-19 pandemic, not least as...more

Zuckerman Spaeder LLP

Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

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Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more

Foley & Lardner LLP

Background Checks? That is the Question

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Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

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