On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
After years of declining membership and tepid contract results, American unions are gaining momentum. In November 2023, following a six-week strike, the UAW (under the leadership of its president, Shawn Fein) secured historic...more
On June 29, 2023, the U.S. Supreme Court decided that the use of race by Harvard University and the University of North Carolina in their student admissions programs violates the Equal Protection Clause of the 14th Amendment...more
7/11/2023
/ Affirmative Action ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act prohibits pre-dispute agreements not to disclose sexual harassment and assault allegations....more
12/20/2022
/ #MeToo ,
Biden Administration ,
NLRA ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Penalties ,
Settlement ,
Severance Agreements ,
Sexual Assault ,
Sexual Harassment ,
Transparency
Coming just a few months after criminalizing the enforcement of illegal non-competes , Colorado has placed further limitations on restrictive covenants. On May 10, 2022, the Colorado legislature passed HB22-1317, narrowing...more
When the COVID-19 crisis hit in early 2020, there was a general consensus that enhanced unemployment benefits were necessary to address the crippling impact on the economy and workers. However, following a recent U.S. Bureau...more
In the past decade, the prevalence of videoconferencing, social media, and other technological platforms have flooded college dorm rooms and boardroom meetings alike. The ubiquity of these technologies is unavoidable, and...more
2/17/2021
/ Confidential Information ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Data Protection ,
Data Security ,
Digital Platforms ,
Employees ,
Employer Liability Issues ,
Misappropriation ,
Remote Working ,
Social Media ,
Technology Sector ,
Trade Secrets ,
Videoconference
On December 2, 2020, the Centers for Disease Control and Prevention (the “CDC”) amended its guidelines to shorten the quarantine time period in situations when an individual has been in close contact with someone who has...more
Noncompete agreements, through which an employee promises not to compete with an employer during or after employment, have been a part of the marketplace for many years. While they must be supported by a legitimate business...more
As the COVID-19 pandemic continues into the winter months, the legal landscape for employers trying to navigate COVID related requirements grows ever more complicated and challenging. Employers are faced with a long list of...more
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), along with other unions, advocacy groups, and some members of Congress, repeatedly has criticized OSHA’s response to the COVID-19 crisis as...more
In reaction to the Coronavirus crisis, states loosened unemployment benefits eligibility rules and the federal government significantly expanded benefits through The Coronavirus Aid, Relief, and Economic Security Act (“CARES...more
In my 27 years of practicing labor and employment law, I have observed a number of repeated preconceptions and points that in my humble opinion are simply wrong. I am not arguing that everyone, or even most people, believes...more
11/19/2019
/ Americans with Disabilities Act (ADA) ,
Disability ,
Employee Benefits ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Internal Investigations ,
Non-Compete Agreements ,
Reasonable Accommodation ,
Retaliation ,
Union Organizers ,
Wage and Hour
The criminal complaint filed against Michael Avenatti is an interesting reminder that the line between extortion and settlement negotiations is a thin one. In a federal court complaint filed in the Southern District of New...more
An employee signs a separation agreement and receives severance pay. The employee then has second thoughts, alleges she was coerced into signing the agreement, and wants to pursue her discrimination claims in court. Must the...more
Employers face several trade-offs when considering the implementation of mandatory arbitration policies. One of the positive attributes of arbitration, from an employer’s perspective, is the avoidance of a runaway jury award....more
As employers, manufacturers are aware of their responsibility for knowing the safety standards applicable to their businesses. But many do not understand their rights and obligations during the inspection process. In recent...more
As our readers are aware, employers can expect that the Trump administration will usher in a plethora of changes in terms of federal employment law policy and enforcement. One particular area in which the new administration...more
We have suggested before that employers should view non-competition and other restrictive agreements as “live” documents, warranting regular examination to ensure they are deployed with appropriate precision and account for...more
6/29/2016
/ Amended Legislation ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Immunity ,
New Legislation ,
NLRB ,
Non-Compete Agreements ,
Notice Requirements ,
Protected Concerted Activity ,
Restrictive Covenants ,
Trade Secrets ,
Whistleblowers
From fair housing laws to licensing requirements, the real estate industry is accustomed to navigating various legal constraints and requirements. However, as a result of current ambiguity in the law, class action lawsuits...more
Over a year ago, the regional office of the National Labor Relations Board (NLRB) in Chicago concluded that scholarship athletes on the Northwestern University football team were “employees” within the meaning of the National...more
As David Weil, the still relatively new United States Department of Labor (DOL) Wage and Hour Administrator describes it, an industry is “fissured” when large companies no longer directly employ the workers that produce their...more
On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more
Today’s next-generation manufacturing is marked by speed and technology. However, technology can be a double-edged sword. On one hand, technological innovations and advancements have resulted in a manufacturing resurgence in...more
12/9/2013
Facing stiff competition for talent and a mobile work force, several technology companies located in Silicon Valley allegedly made a pact not to recruit each other’s employees including agreeing not to “cold call” employees....more