The U.S. Court of Appeals will expedite its review of appeal of preliminary injunction. On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the Government’s motion for a temporary stay of a district...more
Despite court ruling, educational institutions face continuing enforcement uncertainty pursuant to the February 14 “Dear Colleague Letter” issued by the Department of Education - On February 21, 2025, a federal court in...more
2/25/2025
/ Civil Rights Act ,
Constitutional Challenges ,
Dear Colleague Letter ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Executive Orders ,
False Claims Act (FCA) ,
First Amendment ,
Preliminary Injunctions ,
Separation of Powers ,
Title VI
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
9/11/2024
/ Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
The Department estimates that the changes will affect approximately 4.3 million employees in the first year of implementation and cost employers $803 million over the first 10 years of implementation.
Under a two-step...more
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
4/26/2024
/ 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
In the two months since we published our article on the use of artificial intelligence in political advertising, efforts to legislate and regulate the use of such media at the federal level in Congress and at the Federal...more
The Dartmouth Men’s Basketball Team voted 13-2 in favor of being represented by SEIU Local 560.
Dartmouth now has until March 12 to file objections to the election results....more
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
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
The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually.
The proposed rule would also raise the threshold for “highly compensated...more
A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies.
Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more
8/21/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Financial Aid ,
Fourteenth Amendment ,
NASA ,
New Guidance ,
OCR ,
OFCCP ,
Scholarships ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
On Friday, August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations that expand the definitions of medical conditions that may require employer accommodations under the Pregnant Workers...more
In April 2023, the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) requesting input on the designation of seven PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and...more
If implemented by the U.S. government, the restrictions would regulate certain outbound investments by U.S. persons in countries of concern such as China.
The regulations may be established by an executive order,...more
7/27/2023
/ Artificial Intelligence ,
Biden Administration ,
CFIUS ,
China ,
Corporate Counsel ,
Executive Orders ,
FIRRMA ,
Foreign Investment ,
International Trade ,
Investment ,
NDAA ,
Outbound Transactions ,
Semiconductors
According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more
6/2/2023
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hiring & Firing ,
Innovative Technology ,
Job Applicants ,
Machine Learning ,
Title VII
Artificial intelligence wins big in President Biden’s FY 2024 budget request with billions in new funding proposed for AI-related research, hardware, software and services at the departments of Defense, Energy, Homeland...more
5/8/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Transportation (DOT) ,
Enforcement ,
Federal Budget ,
Federal Trade Commission (FTC) ,
National Science Foundation ,
Popular ,
Regulatory Oversight
The proposed rule tightens restrictions on activities by “affiliates” and clarifies scope of statutory clawbacks.
The Department of Commerce released a proposed rule imposing guardrails preventing the “improper use of...more
4/3/2023
/ China ,
Clawbacks ,
FCC ,
Foreign Entities ,
Investment ,
Manufacturers ,
National Security ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Semiconductors ,
U.S. Commerce Department
First funding opportunity announced for commercial front-end and back-end semiconductor fabrication facilities.
On February 28, 2023, the first funding opportunity opened under the Creating Helpful Incentives to Produce...more
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
The Biden-Harris Administration is poised to work with states to make significant investments in replacing lead pipes across the country.
Environmental Protection Agency (EPA) to make awards to state agencies to remove...more
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