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Illinois Becomes Second State to Pass Broad Legislation on the Use of AI in Employment Decisions

On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....more

Employer Prevails in First Test of California's Newest Noncompete Law

In the first known case to challenge California's legislative attempt to void noncompete agreements even for employees who do not live or work in California, the First Circuit Court of Appeals upheld the application of...more

NDIL Launches Pilot Program to Encourage Individual Self-Disclosure of Organizational Misconduct

The Development: On September 16, 2024, the U.S. Attorney's Office for the Northern District of Illinois ("NDIL") announced its six-month Individual Self-Disclosure Pilot Program for Organizational Misconduct ("Pilot...more

Minnesota Legislature Enacts Pay Transparency Law and Updates Paid Sick Leave and Other Employment Laws

Minnesota employers should be aware of several new employment laws that were included in the Omnibus Labor and Industry Policy bill and Omnibus Tax bill that were signed into law at the end of May, just before the close of...more

California Enacts First Significant Reforms to PAGA in More Than a Decade

California's Private Attorneys' General Act ("PAGA") was the target of a November 2024 ballot initiative that, if passed, would have repealed the Act in response to perceived abuses and frivolous lawsuits....more

Pay Equity and Transparency: Expanding Obligations for U.S. Employers with EU Operations

The Situation: While U.S. states continue to legislate pay equity and transparency obligations, significant changes are on the horizon in the European Union that will impact U.S. companies with sizeable operations there. The...more

FAQs About the FTC Final Rule Banning Worker Noncompete Agreements

This week, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to finalize a rule that bans noncompete clauses in employment agreements as a per se illegal “unfair method of competition” (“UMC”) under Section 5...more

January 2024 Updates to Minnesota Employment Laws and Next Steps for Employers

On January 1, 2024, several new employment laws took effect in Minnesota, based on bills passed during the 2023 legislative session. All employers with employees in Minnesota are subject to the following changes, discussed in...more

It's Time for a Fresh Look at DEI Metrics in Executive Compensation

The Background: It is estimated that over 84 percent of companies in the S&P 1500 use some form of "social" metric when determining their executives' incentive compensation. Many of these social metrics set forth diversity,...more

A Review of 2023 Labor & Employment Legislation in California

The 2023 California legislative session saw the passage of a number of new and important labor and employment laws....more

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

Court Grants Starbucks Corporation's Motion to Dismiss Advocacy Group's Complaint Targeting DEI Initiatives

A Washington federal judge dismissed challenges to Starbucks's Diversity, Equity, and Inclusion ("DEI") policies in a strongly worded opinion, making clear that politics don't belong in his courtroom....more

U.S. Supreme Court Limits Affirmative Action

In a 6–3 decision likely to have immediate impacts beyond the world of higher education, on June 29, 2023, the U.S. Supreme Court held that Harvard's and the University of North Carolina's admissions programs violate the...more

Amended New York WARN Regulations Now in Effect

The New York State Department of Labor has published amended WARN regulations that provide guidance on a number of topics, including treatment of remote workers, applicability of exemptions, pay in lieu of notice, calculating...more

Jones Day Cross-Border Investigations Series 2023 - Issue 1 : Whistleblowing

While there are a number of ways in which organizations may become aware of potential wrongdoing internally, perhaps the most significant for its legal and compliance teams is internal reporting, or “whistleblowing,” by...more

New Jersey WARN Act Amendments Expanding Coverage and Increasing Severance and Notice Requirements Now in Effect

In Short - The Situation: On January 10, 2023, New Jersey Governor Phil Murphy signed A-4768, which started a 90-day countdown to the effective date of amendments (S-3170) to New Jersey's WARN Act, the Millville Dallas...more

New Federal Laws Provide Expanded Protections for Pregnant and Nursing Workers

In Short - The Situation: On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act ("PWFA") and the Providing Urgent Maternal Protections for Nursing Mothers Act ("PUMP Act") into law....more

Australian Reforms Tackle Psychosocial Hazards, Including Sexual Harassment, in the Workplace

In the wake of recent government inquiries into alleged bullying and harassment, including sexual harassment, in Australian workplaces, Australian legislatures and work health and safety regulators have become increasingly...more

DOJ Updates Corporate Compliance Program Guidance and Announces New Policy Initiatives and Enforcement Resources

In Short - The Situation: As a follow-up to the deputy attorney general's September 2022 memorandum, the U.S. Department of Justice ("DOJ" or "Department") announced in March 2023 significant updates to its corporate...more

OFCCP Extends Deadline and Opens Door for New Objections to Disclosure of EEO-1 Data

In response to pressure from Congress, OFCCP has extended the deadline for contractors to object to disclosure of EEO-1 reports and opened the door for new objections....more

FAQs for Recent FTC Actions Against Employer/Employee Non-Compete Clauses

In early January 2023, the Federal Trade Commission ("FTC") proposed an unprecedented rule banning most employer/employee non-compete clauses. As detailed below, the rule is not likely to take effect for at least eight...more

A Review of 2022 Labor & Employment Legislation in California

The California Legislature passed a number of new and important labor and employment laws during its 2022 session. ...more

Corporate Internal Investigations: Keys to an Effective Work Plan, Data and Document Management, and Budget

As described in the first White Paper in this series on internal investigations, "Conducting an Effective Internal Investigation—An Overview," corporations are under increased scrutiny by regulators across the globe, and as a...more

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