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
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
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
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
10/9/2024
/ Dismissals ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Litigation ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
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 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
10/4/2024
/ Artificial Intelligence ,
Cybersecurity ,
Governor Newsom ,
Governor Vetoes ,
Innovation ,
Innovative Technology ,
Misappropriation ,
Pending Legislation ,
Safety Standards ,
Software Developers ,
Technology Sector ,
Whistleblower Protection Policies ,
Whistleblowers
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
10/1/2024
/ Artificial Intelligence ,
Audio Recording ,
Automated Systems ,
Consent ,
Employer Liability Issues ,
Employment Policies ,
Machine Learning ,
Mobile Devices ,
NLRA ,
NLRB ,
Productivity ,
Smartphones ,
Transcripts
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
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
The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S....more
9/23/2024
/ Civil Monetary Penalty ,
Corporate Misconduct ,
Corruption ,
Credit Rating Agencies ,
Department of Justice (DOJ) ,
Electronic Communications ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Pilot Programs ,
Financial Institutions ,
Foreign Corporations ,
Fraud ,
Instant Messaging Apps ,
Pilot Programs ,
Qui Tam ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
Whistleblowers
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
9/19/2024
/ Contract Drafting ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Human Resources Professionals ,
Multistate Employers ,
Release of Claims ,
Restrictive Covenants ,
Separation Agreement ,
Severance Agreements ,
Standard Form Contracts ,
Termination ,
Voluntary Reduction in Force
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
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
9/12/2024
/ Chevron Deference ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Salaried Employees ,
Statutory Authority ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
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
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
8/23/2024
/ Analytics ,
CIPA ,
Consumer Privacy Rights ,
Cookies ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Penal Code ,
Retail Tracking ,
Social Media ,
State Data Privacy Laws ,
Web Tracking ,
Websites
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
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
8/12/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facial Recognition Technology ,
Online Platforms ,
Prior Express Consent ,
Privacy Laws ,
Risk Mitigation ,
Sensitive Personal Information ,
Settlement ,
Social Media ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
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
8/12/2024
/ Compliance ,
Disaster Preparedness ,
Earthquakes ,
Emergency Management Plans ,
Fair Labor Standards Act (FLSA) ,
Hurricane Season ,
Natural Disasters ,
NLRA ,
OSH Act ,
Severe Weather ,
State Labor Laws ,
WARN Act ,
Wildfires ,
Work Schedules ,
Workplace Hazards ,
Workplace Safety
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
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
On July 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued guidance putting financial regulators and employers on notice that requiring employees to sign broad confidentiality or nondisclosure agreements that...more
8/5/2024
/ CFTC ,
Commodity Exchange Act (CEA) ,
Confidentiality Agreements ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement ,
Financial Services Industry ,
Non-Disclosure Agreement ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Whistleblower Protection Policies ,
Whistleblowers
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
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
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
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