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5 Key Multistate Considerations When Handling Reductions in Force

Despite some recent positive signs for the U.S. economy, many companies still face the prospect of reductions in force (RIFs), which can be challenging and involve complex processes that require careful planning and...more

FTC Appeals Texas District Court Ruling that Blocked Noncompete Ban to Fifth Circuit

The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit....more

NLRB General Counsel Says ‘Stay-or-Pay’ Provisions Are Unlawful, Calls for Make-Whole Remedies for Noncompetes

In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views...more

Pennsylvania Company Drops Challenge to FTC Noncompete Ban After Injunction Denial

A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit...more

Navigating Meal Period Compliance: Key Insights From Recent Washington Court Ruling for Employers

An appellate court in Washington state recently held a hospital liable to pay employees who worked through meal period breaks for their time worked plus compensation for an additional break as a penalty, highlighting...more

California Governor Vetoes AI Safety Bill With Whistleblower Protections for Employees Who Report Dangers of the Technology

California Governor Gavin Newsom has vetoed a bill that sought to ensure the safe development of artificial intelligence (AI), including by imposing whistleblower protections for developers’ employees who reported potential...more

With New Record and Transcribe Tools, Should Employers Be Concerned?

New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more

FTC to Appeal Florida Court’s Preliminary Injunction of Noncompete Ban Following Texas Court’s Block

The Federal Trade Commission (FTC) is appealing a Florida federal court ruling temporarily blocking the FTC’s noncompete ban a month after a Texas federal judge in a separate case blocked the FTC’s ban on a nationwide basis....more

Workplace Safety Concerns for Florida Employers in Anticipation of Hurricane Helene

Tropical Storm Helene is projected to hit Florida’s Gulf Coast as a major hurricane later this week, and evacuations are already underway in parts of the state. Employers are likely to face inevitable workplace safety risks...more

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

New Jersey Nears Finalization of Temporary Workers Bill of Rights Regulations

The State of New Jersey is on the verge of finalizing its regulations for the Temporary Workers Bill of Rights (TWBR), a significant move that will enhance protections and further equalize compensation for temporary workers...more

Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions....more

Election (Non)Interference: Update on State Voting Leave Requirements for Employers Ahead of the 2024 Presidential Election

Millions of Americans will be headed to the polls on November 5, 2024, in what is shaping up to be an extremely close presidential election with high voter turnout. Employers may need to consider how employees’ voting time...more

Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more

Illinois Governor Signs Law Prohibiting Privacy Act Per-Scan Damages

On August 2, 2024, Illinois Governor JB Pritzker signed a law that clarifies that the state’s Biometric Information Privacy Act (Privacy Act or BIPA) does not provide for per-scan damages, legislatively overruling the Supreme...more

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more

Hurricanes and Earthquakes and Wildfires, Oh My! - Key Disaster Preparedness Considerations for Employers

A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the...more

U.S. Continues Patchwork of Comprehensive Data Privacy Requirements: New Laws Set to Take Effect Over Next 2 Years

Twelve new state comprehensive data privacy laws are set to go into effect over the next two years as the United States continues to catch up to foreign jurisdictions like the European Economic Area (EEA), making a total of...more

OFCCP Encourages Contractors to Use Apprenticeship Programs to Hire Veterans

On July 31, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released new guidance encouraging federal contractors to implement apprenticeship programs to “attract and retain” United States military veterans...more

California Appellate Decision Raises New Considerations for Arbitration Agreements

A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited...more

A Wolf In Sheep’s Clothing? OFCCP’s New Directive on Expedited Conciliation Procedures

On July 26, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published Directive (DIR) 2024-01, containing a mechanism for conciliating issues found by OFCCP during compliance evaluations through expedited...more

Third Circuit Refuses to Block New Jersey Temporary Workers Bill of Rights Law

On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more

NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules

On July 26, 2024, the National Labor Relations Board (NLRB) completed their unraveling of the commonsense representation case election rules previously implemented by the Board in 2020. ...more

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