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Employment Litigation Roundup: September 2024

In Nunez v. Syncsort Incorporated, a Massachusetts court held that a retention bonus did not constitute not “wages” under the Massachusetts Wage Act (the “Wage Act”). The plaintiff-employee alleged that his former employer...more

Recent SEC Enforcements for Violations of Whistleblower Protection Rule

On September 9, 2024, the Securities and Exchange Commission (“SEC”) announced it settled enforcement actions against seven public companies for alleged violations of its whistleblower protection rule in their...more

Employment Litigation Roundup: August 2024

In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Texas Federal Judge Blocks FTC Non-Compete Rule

On August 20, 2024, U.S. District Judge Ada Brown from the Northern District of Texas issued a decision setting aside the Federal Trade Commission’s (“FTC”) non-compete ban (the “Rule”) and prohibiting the FTC from enforcing...more

Employment Litigation Roundup: July 2024

Arbitration agreement deemed inapplicable where plaintiff plausibly alleged sexual harassment claim - The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ( “EFAA”) amended the Federal...more

Pennsylvania Federal Judge Declines to Block Enforcement of FTC Non-Compete Rule

On July 23, 2024, U.S. District Judge Kelley B. Hodge from the Eastern District of Pennsylvania issued a decision and denial of a preliminary injunction, which would have stayed enforcement of the non-compete ban (the “Rule”)...more

Texas Federal Judge Preliminarily Blocks Enforcement of FTC Non-Compete Rule

On July 3, 2024, U.S. District Judge Ada Brown from the Northern District of Texas issued a decision, and subsequently a preliminary injunction, staying enforcement of the Federal Trade Commission’s (“FTC”) non-compete ban...more

Employment Litigation Roundup: June 2024

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Employment Litigation Roundup - May 2024

May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Employment Litigation Roundup: April 2024

Employer sues former traders for using an allegedly confidential trading strategy but loses bid for emergency injunctive relief. On April 12, Jane Street Group LLC (“Jane Street”) sued two of its former traders and...more

FTC Finalizes Non-Compete Rule

On April 24, 2024, the Federal Trade Commission ( “FTC”) published a sweeping ban on non-competes (“Rule”).  The Rule passed by a 3-2 vote, with the FTC’s Democratic commissioners voting in favor, and Republican commissioners...more

Employment Litigation Roundup: March 2024

New York State and New York City Human Rights Laws May Protect Out-of-State Applicants - On March 14, the New York Court of Appeals held that out-of-state applicants who seek employment within the State or the City can...more

New York City Employees Can Sue in Court for Violations of NYC Earned Safe and Sick Time Act

On March 20, 2024, a significant amendment to New York City’s Earned Safe and Sick Time Act (“ESSTA”) will take effect that gives New York City employees the right to sue employers in court for violations of ESSTA. Under...more

Employment Litigation Roundup: February 2024

Former HR Executive Sues Financial Services Company for Equal Pay Violations in New Jersey Federal Court - A former head of human resources sued a financial services company for allegedly underpaying her relative to her...more

FDIC Adopts Enhanced Disclosure Requirements for the Offering of Deposit Products

On December 20, 2023, the Federal Deposit Insurance Corporation (“FDIC”) amended its advertising rules for the second time in as many years. The amendments apply to both insured depository institutions (“IDIs”) and...more

U.S. Department of Labor Finalizes Independent Contractor Rule

Today, the U.S. Department of Labor (“DOL”) published its final rule (the “Rule”) addressing whether a worker is properly classified as an employee or an independent contractor under the federal Fair Labor Standards...more

Employment Litigation Roundup: December 2023

Delaware court declines to enforce restrictive covenants in LLC agreement but grants interlocutory appeal. In Sunder Energy v. Jackson, et al., a company, Sunder, sued a former employee, Jackson, for breaching a...more

Governor Hochul Vetoes NY Non-compete Bill

On December 22, 2023, Governor Kathy Hochul vetoed a bill which, if signed into law, would have imposed a ban on non-compete agreements throughout the state, without exception. The bill, which we previously covered here,...more

Employment Litigation Roundup: November 2023

Ex-employee’s golf outing with customer does not violate non-solicit - An auto parts manufacturer in Michigan sought a preliminary injunction against a former sales employee for violating his restrictive covenants,...more

Employment Litigation Roundup: October 2023

October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Employment Law Alert: Recent SEC Fines for Failure to Provide Whistleblower Protections

Rule 21F-17 of the Securities Exchange Act of 1934 (“Rule 21F-17”), adopted under Dodd-Frank, prohibits employers from “tak[ing] any action to impede an individual from communication directly with [SEC staff] about a possible...more

Employment Litigation Roundup: September 2023

September 2023: Enjoining competitive employment, advisor mobility, reverse discrimination, the low bar for retaliation, and litigating “Cause” Connecticut Court Issues Temporary Restraining Order Enforcing Noncompete...more

NYS Senate Passes Bill Banning Non-competes; On to NYS Assembly

On June 7, 2023, the New York State Senate passed Bill No. SO3100, which, if signed into law, would ban non-compete agreements (“non-competes”) throughout the state, without exception. The bill defines non-competes...more

The NLRB’s General Counsel is After Your Non-competes

Fresh off convincing the National Labor Relations Board (the Board) to declare unlawful confidentiality and non-disparagement provisions in severance agreements, the Board’s General Counsel, Jennifer Abruzzo, is setting her...more

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