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District Court Ruling Bars Federal Trade Commission Non-Compete Rule for the Near Term

With further proceedings anticipated, and in light of the numerous state law restrictions on non-competes, employers should continue to act with caution when presenting employees with non-compete agreements. On August 20,...more

Employers Beware: FTC Announces Final Rule Banning Worker Non-Competes

The Final Rule, if it survives significant legal challenges and the challenges yet to come, will ban all existing and future non-compete agreements with workers, with only narrow exceptions. The FTC Final Rule imposes a...more

Employers Face Greater Misclassification Risk Under Resurrected Federal Independent Contractor Rule, Opening Door to Substantial...

On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more

New York Non-Compete Agreements are Safe – For Now

On December 23, 2023, Gov. Kathy Hochul vetoed the New York State Legislature’s proposed ban on all new non-compete agreements. Despite the veto, Governor Hochul has left open the possibility of a statewide restriction on...more

New York Legislature Votes to Ban Non-Competes, Will Become Law if Governor Signs

The New York legislature has passed a bill banning future employee non-competes, regardless of pay thresholds or job functions, and even in the sale-of-business context. The bill allows limited customer non-solicitation...more

NLRB Invalidates Common Confidentiality and Non-Disparagement Clauses in Severance Agreements

The NLRB recently deemed broad confidentiality and non-disparagement provisions in a severance agreement for non-supervisory workers unlawful, in a decision likely to have broad implications for employers in both unionized...more

Employers Take Note: FTC Releases Notice of Proposed Rulemaking Banning Worker Non-Competes

The Notice would ban all existing and future non-compete agreements with workers, with a narrow exception in connection with the sale of a business by any individual holding at least a 25% interest in such business. The...more

NYC Pay Transparency Law Takes Effect November 1, 2022: Are You Ready?

As of November 1, 2022, covered employers advertising jobs that will be—or even can be—performed, in whole or in part, in New York City must include a good faith salary or hourly range pursuant to the new salary transparency...more

COVID-19: Department of Labor Guidance Answers Many Questions About the Families First Coronavirus Response Act (FFCRA)

New DOL questions and answers provide much needed clarity to employers struggling to understand this new law. Documentation of the employee’s need to take FFCRA leave is required for employers to claim a tax credit. ...more

COVID-19: Department of Labor Publishes Required Poster and Additional Guidance Regarding the Families First Coronavirus Response...

Published materials, including questions and answers and the required workplace poster, are now available. The U.S. Department of Labor has clarified that the federal Families First Coronavirus Response Act (FFCRA) is to...more

New York Employment Law Outlook 2019

After a multitude of new employment laws were introduced in 2018, the new year is already shaping up to be another one of significant change at state and local levels. During 2018, a slew of New York state and local...more

New York City’s “Freelance Isn’t Free” Act Also Isn’t Waivable

Recently issued final rules impose additional restrictions including prohibitions on requiring independent contractors to waive certain rights. The Freelance Isn’t Free Act is a recent New York City law that went into...more

PFLL Withholding Begins - New York employers may begin deducting from employees’ pay to fund paid family leave

New York’s Paid Family Leave Law (PFLL), the most expansive paid leave law in the nation, goes into effect on January 1, 2018. Leave pursuant to the PFLL will be funded entirely through payroll deductions. To ensure that...more

The Rapidly Evolving Legal Landscape for New York Employers

New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions...more

NYC Says Put It in Writing for Freelancers, Stop Asking Job Candidates their Prior Salaries - The Freelance Isn’t Free Act...

Beginning May 15, 2017, independent contractors in New York City will be provided with heightened protections under the law, and those engaging independent contractors will, in most instances, be legally required to do so...more

SEC Continues Crackdown on Employer Whistleblower Restrictions

Takeaways: - SEC is targeting contract terms that appear to restrict contact with the SEC or require employee whistleblowers to waive monetary recoveries. - Express disclosure of these rights in severance...more

Trade Secrets Claims Reach Federal Court: New Law Changes Jurisdiction, Remedies and Duties

Until May 12, 2016, trade secret law was the only area of intellectual property law left largely to state courts and state law. But no longer. On May 12, President Obama signed the Defend Trade Secrets Act of 2016, Pub. L....more

NYC Human Rights Commission Takes Expansive View of Gender ID Discrimination

The New York City Commission on Human Rights has just released a Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression. The Guidance defines eight categories of discriminatory...more

New York City Bars Employers from Considering Criminal History before Extending a Job Offer

On June 29, 2015, Mayor de Blasio signed the Fair Chance Act, a new law that generally prohibits New York City employers from discriminating against job applicants with a criminal record and that prohibits inquiries about...more

New York City Largely Bans Employers from Considering Consumer Credit History

On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill barring employers in New York City from discriminating against employees and applicants based on their consumer credit histories. The exceptions to...more

SEC Cracks Down on Confidentiality Provisions that Restrict Whistleblowers

On April 1, 2015, the Securities and Exchange Commission (“SEC”) announced an enforcement action and corresponding settlement arising out of an employer’s confidentiality agreement. The SEC contended that the agreement...more

“Ban the Box” Legislation Expands Across the Country

There is a growing national movement to “Ban the Box” – i.e., to prohibit questions about a job applicant’s criminal history on employment applications. Currently, “Ban the Box” laws are primarily targeted at public...more

Update: Final Rules Clarify New York City Employers’ Sick Leave Obligations

In response to widespread employer concerns over ambiguities in New York City’s Earned Sick Time Act (“ESTA”), the New York City Department of Consumer Affairs (“DCA”) published its Final Rules regarding the ESTA on July 30,...more

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