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SEC Continues Scrutiny of Provisions That Might Impede Whistleblowers

On September 9, 2024, the Securities and Exchange Commission (SEC) announced settled charges against seven public companies for violations of certain whistleblower protections provided by Rule 21F-17 under the Securities...more

Texas Court Strikes Down FTC Noncompete Rule

In an eagerly awaited decision, United States District Judge for the Northern District of Texas Ada Brown issued yesterday a nationwide injunction striking down the Federal Trade Commission’s Noncompete Clause Rule,...more

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

DOL Issues Final Rule Raising Salary Threshold for Exempt Employees

On April 23, 2024, the U.S. Department of Labor (DOL) issued its much-anticipated final rule raising the salary threshold for employees to be exempt from federal overtime requirements under the Fair Labor Standards Act...more

FTC Bans Non-Competes: What’s at Stake and What Happens Next

On April 23, 2024, the Federal Trade Commission (FTC), in a highly anticipated vote, passed the Non-Compete Clause Rule, 16 CFR § 910 (the Rule), which purports to bar all non-competes in the United States, subject to limited...more

2024 Venture Capital Report

Venture capital financing activity in 2023 contracted for the second consecutive year in the face of rising interest rates, concerns regarding the trajectory of the economy and continued geopolitical tension. VC-backed...more

New California Non-Compete Laws Add Teeth to State’s Non-Competition Prohibition

2023 has seen its fair share of headlines with respect to developments in non-competition law: in January, the Federal Trade Commission proposed a rule that would ban most non-competes; in May, the National Labor Relations...more

I-9 Forms: Back to (In-Person) Basics, But with a New Exception

In March 2020, in response to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) temporarily granted employers operating remotely due to the pandemic the flexibility to inspect employee I-9 documentation...more

States Continue Trend of Banning Employee Non-Competes

Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that...more

NYC Soon To Enforce AI Bias Law, Other Jurisdictions Likely to Follow

New York City’s Department of Consumer and Worker Protection (DCWP) is expected to begin enforcing the City’s novel artificial intelligence (AI) bias audit law on July 5, 2023. This law prohibits the use of automated decision...more

NLRB Issues Post-McLaren Guidance Providing Some Clarity but Little Comfort

On March 22, 2023, the NLRB's General Counsel issued a Memorandum (the “Memo”) providing guidance on the scope and effect of the National Labor Relations Board’s (the “NLRB”) decision in McLaren Macomb, which found overbroad...more

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Massachusetts SJC Rules that Employers are Strictly Liable for Treble Damages for Delayed Wage Payments

Overturning nearly 20 years of lower-court precedent, on April 4, 2022, the Massachusetts Supreme Judicial Court (SJC) issued a landmark decision holding that an employer is strictly liable for treble damages for any late...more

Biden Rescinds Executive Order Restricting Diversity Training for Federal Contractors

On his first day in office, President Biden revoked a controversial executive order enacted in September 2020 by then-President Trump, which prohibited federal contractors from conducting certain types of workplace diversity...more

OFCCP Invites Federal Contractors and Employees to Submit Materials and Information about Workplace Diversity Training...

On October 22, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a Request for Information (RFI) in the Federal Register seeking information about any workplace diversity...more

Supreme Court Rules Gay and Transgender Workers Are Protected Under Title VII

In a landmark decision today, the U.S. Supreme Court ruled in Bostock v. Clayton County Georgia that federal law protects gay, lesbian, bisexual, and transgender workers from employment discrimination. In a 6-3 opinion...more

COVID-19: DOL Releases New Guidance Regarding the Families First Coronavirus Response Act

As mentioned in our previous alert, the recently enacted Families First Coronavirus Response Act (FFCRA) requires that employers with fewer than 500 employees provide paid Emergency Sick Leave and paid Emergency Family...more

New Massachusetts Non-Compete Law Requires Employers to Make Immediate Changes to Their Non-Competition Agreements

On August 10, 2018, Massachusetts Governor Charlie Baker signed a bill reforming Massachusetts law regarding non-competition agreements. This new law, which takes effect on October 1, 2018, will require employers to modify...more

Recent Legal Developments Require Immediate Changes to Employee Agreements

Significant legal developments likely necessitate changes to your company's form of confidentiality agreement and severance agreement (as well as other documents containing confidentiality, non-disparagement and/or...more

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