The National Labor Relations Board (NLRB) has issued another union-friendly final rule. The Fair Choice-Employee Voice Final Rule (Final Rule), scheduled to become effective September 30, 2024, resurrects three procedural...more
9/27/2024
/ Bargaining Power ,
Blocking Power ,
Construction Industry ,
Corporate Counsel ,
Final Rules ,
Labor Regulations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Representatives ,
Unions
Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?...more
Listen to Episode 10 of our podcast, the Ad Law Tool Kit Show. In this episode, Karel Mazanec and Nicholas Reiter talk to host Shahin Rothermel about website accessibility. Check out the episode....more
California has long prohibited post-employment noncompetes, subject to certain narrow exceptions. Recently, it added some teeth to that prohibition in the form of a requirement for employers to notify California employees who...more
“Follow me on Instagram, will you?” That may seem like a harmless question to a colleague, but starting soon, New York will ban most employer inquiries regarding an employee’s personal social media account....more
A new rule, proposed by the U.S. Department of Labor's Wage and Hour Division (DOL) on August 30, 2023 (the Proposed Rule), will expand the group of workers who are entitled to overtime. If implemented, the Proposed Rule will...more
9/20/2023
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
New York State's Legislature recently passed a bill that, once signed by Gov. Kathy Hochul, will effectively prohibit employers from holding mandatory employee meetings for the purpose of discussing labor elections and union...more
Last month, New York's legislature passed a bill that, if enacted, will substantially prohibit employers from entering into non-competition agreements with their employees. Governor Kathy Hochul is expected to eventually sign...more
Union organization campaigns are on the rise again, according to recent data from the Bureau of Labor Statistics and the National Labor Relations Board (“NLRB”). Institutions of Higher Education (“IHEs”) are wise to take...more
Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more
4/19/2023
/ Confidential Information ,
Confidentiality Agreements ,
Contract Terms ,
New Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Proprietary Information ,
Restrictive Covenants ,
Retroactive Application ,
Severance Agreements ,
Severance Pay ,
Trade Secrets
As is often the case, when a presidential administration changes, so may a prior rule issued by the National Labor Relation Boards (NLRB or the Board). On February 21, 2023, the Board returned to its pre-Trump administration...more
To help prepare employers for the New Year, on January 19, 2023, we presented a webinar regarding some of the latest updates to New York employment laws. The webinar, "New Year, New Updates for New York Employment Laws,"...more
On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices and enforcing antitrust laws—proposed a rule that, if enacted, will...more
1/24/2023
/ 501(c)(3) ,
Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
Non-compete agreements are under attack yet again. On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices—announced a new...more
The U.S. Equal Employment Opportunity Commission (EEOC) has a new target—the construction industry. During a public hearing earlier this year, the EEOC accused the construction industry of perpetuating a culture of racism and...more
Whether because of our new "work from home" world or advances in technology (or both), many employers now electronically monitor their employees in the workplace. A variety of electronic surveillance techniques are...more