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NLRB General Counsel Steps Up Remedies for Unlawful Noncompetes and Targets “Stay-or-Pay” Agreements

On October 7, 2024, the National Labor Relations Board’s (NLRB) top prosecutor issued a memo to NLRB regional offices, solidifying the hard line her office will take on noncompete and “stay-or-pay” agreements and calling for...more

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay...

ATS Tree Services, LLC (“ATS”) has voluntarily dismissed the lawsuit it filed in April 2024 in the U.S. District Court for the Eastern District of Pennsylvania challenging the Federal Trade Commission’s (“FTC”) Non-Compete...more

Next Steps for Employers After FTC Noncompete Rule Enjoined

What’s next for employers who want to protect their businesses from competition from departing employees, including the loss of customers, employees, and confidential information? With a federal court injunction against the...more

FDIC Urges Financial Institutions to Complete Voluntary Diversity Self-Assessments

The FDIC is urging financial institutions it supervises to voluntarily submit self-assessments of their diversity policies and practices to the agency by Oct. 31, 2024....more

Demise of Chevron Deference Sends Shockwaves Through Labor and Employment Regulatory Landscape

In just a month since the U.S. Supreme Court overturned the Chevron Deference Doctrine, district courts across the country have blocked several federal agency rules, including an injunction in Texas barring enforcement of the...more

Texas District Court Preliminarily Enjoins FTC’s Non-Compete Ban for Named Plaintiffs

As we previously reported, here, the Federal Trade Commission (FTC) issued a Final Rule on April 23, 2024 that would prevent most employers from enforcing non-compete agreements against workers, effective September 4, 2024...more

Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent...

On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers...more

New EEOC Pregnant Workers Rule Adds Requirements This Month

The U.S. Equal Opportunity Commission (EEOC) has issued its final regulations for the Pregnant Workers Fairness Act (PWFA), providing explanation and guidance for employers in implementing the PWFA in their workplaces and...more

FTC Webinar Provides Additional Guidance on Final Rule Banning Noncompete Agreements

As we previously reported, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for...more

SCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims

Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII)...more

FTC Votes to Ban Noncompete Agreements in Employment Contracts

The Federal Trade Commission (FTC) voted to issue a final rule that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior...more

Department of Education Issues Amendments to Title IX Regulations

As long expected, the U.S. Department of Education issued amendments to Title IX regulations following the public comment period. The amended regulations—totaling 1,577 pages—make clear that sex discrimination under Title IX...more

Texas Court Strikes Down NLRB Joint Employer Rule

On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

Texas Federal Judge Enjoins Protections for Pregnant Workers

On Tuesday, February 27, 2024, a federal judge enjoined the enforcement of the Pregnant Workers Fairness Act (“PWFA”) against the state of Texas. Judge James Wesley Hendrix determined that a proxy voting rule in place during...more

SCOTUS keeps issue of “tester” standing alive, dismissing ADA website appeal as moot

On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot

On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

PA Supreme Court Holds that Philadelphia Taxpayer may not Claim City Wage Tax Credit for Taxes Paid to Another State

In a 3-2 decision in Zilka v. Tax Review Board, the Pennsylvania Supreme Court upheld the Commonwealth Court and sided with the City of Philadelphia Department of Revenue in a case addressing whether a City resident was...more

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more

SEC Increases Scrutiny of Whistleblower Protections

Summary - The Securities and Exchange Commission (SEC) has recently announced settlements with a number of companies whose separation agreements or internal policies the SEC viewed as impeding employees’ participation in the...more

The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action

On August 18, 2023, in Hamilton v. Dallas County, the Fifth Circuit Court of Appeals reversed decades of precedent by broadening the standard for what constitutes an actionable adverse employment action....more

Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market

Summary - The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a...more

Business Better Podcast Episode: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs [Video]

In this episode, we discuss the recent US Supreme Court ruling in the Students for Fair Admissions Inc.'s lawsuits against Harvard University and the University of North Carolina, which challenged the constitutionality of...more

Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs

Summary - The Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively SFFA), in a 6-3...more

DOL Issues Guidance For Field Staff on PUMP Act Requirements

The United States Department of Labor (DOL) recently issued a Field Assistance Bulletin providing guidance to field staff regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). ...more

Lion Elastomers Reinstates Atlantic Steel and its Progeny Providing More Protections for Worker Outbursts

On May 1, in its Lion Elastomers decision, the Board overruled Trump-era precedent (General Motors) that made it easier for employers to discipline workers for outbursts in the context of workplace activism and union-related...more

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