Earlier this year, the US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, adopted a more restrictive test for evaluating requests for injunctive relief under Section 10(j) of the National Labor Relations Act...more
Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
The US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, ruled that federal district courts must apply a traditional four-factor test when evaluating requests for injunctive relief brought by the National...more
6/24/2024
/ Collective Bargaining ,
Injunctive Relief ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
SCOTUS ,
Starbucks ,
Starbucks Corp. v McKinney ,
Termination ,
Unfair Labor Practices ,
Union Organizers ,
Unions
The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.
The guidance, delivered...more
2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more
3/13/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Cybersecurity ,
Damages ,
Department of Justice (DOJ) ,
Employment Contract ,
Enforcement ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Former Employee ,
Intellectual Property Protection ,
New Legislation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
Last week, in a setback for employers, the National Labor Relations Board (NLRB) adopted a new legal standard to determine whether facially neutral policies, handbook provisions, and work rules – those that don’t expressly...more
On May 30, 2023, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), published a controversial enforcement memorandum asserting that most post-employment non-competition agreements for...more
On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated...more
Implementation of the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) has now been officially delayed until October 1, 2022. The Act had been scheduled to take effect on April 1,...more
In December 2020, the Council of the District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020.
As Arent Fox previously outlined, the Act would make the District of Columbia one of the few...more
With COVID-19 cases once again rising due to the spread of the more contagious Delta variant, the Centers for Disease Control (“CDC”) and the Biden Administration have issued new guidance and requirements on masking and...more
8/2/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Jurisdiction ,
Masks ,
New Guidance ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Vaccinations
On July 9, 2021, President Biden issued Executive Order 14036, “Promoting Competition in the American Economy.” The Executive Order included 72 actions and recommendations to federal agencies designed to review and revise...more
On April 8, 2021, in a case of first impression, the Fourth Circuit enforced a provision of an arbitration agreement that required the parties to waive appellate review. The Court invalidated, however, language which waived...more