Pre-Closing Notice or Consent: If signed by Governor Newsom, Assembly Bill 3129 (AB 3129) will mandate that, starting January 1, 2025, certain healthcare investors provide a 90-day written notice to, or obtain consent from,...more
On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more
Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to...more
California law famously bans employee noncompetition agreements, under a statute enacted in 1872. As of January 1, 2024, new amendments to this age-old statute provide clarity about what is—and is not—enforceable....more
Federal Energy Regulatory Commission (FERC) Adopts Major Generator Interconnection Reforms -
Last month, FERC Commissioners unanimously approved Order No. 2023 (the Order), which represents a significant reform to its...more
8/31/2023
/ Biden Administration ,
CEQ ,
Corporate Social Responsibility ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Environmental Social & Governance (ESG) ,
European Commission ,
FERC ,
Human Resources Professionals ,
New Zealand ,
Popular ,
Shareholders ,
Sustainability ,
Tokyo Stock Exchange
On July 17, 2023, the California Supreme Court ruled that where an employee has brought a California Private Attorneys General Act (PAGA) action that is comprised of both individual and non-individual claims, a court order...more
7/20/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
In its recent McLaren Macomb decision,1 the National Labor Relations Board (NLRB) issued a ruling finding unlawful the type of nondisparagement and confidentiality provisions employers use in severance agreements with their...more
On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers....more
California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting...more
10/24/2022
/ California ,
Disclosure Requirements ,
Employer Liability Issues ,
Human Resources Professionals ,
Job Descriptions ,
New Legislation ,
New York ,
Pay Data ,
Pay Transparency ,
Popular ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
Employers’ use of artificial intelligence (AI) tools in making hiring and other employment decisions is drawing increased scrutiny. The Equal Employment Opportunity Commission (EEOC) published guidance on how employers’ use...more
10/7/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
New York ,
Popular ,
State Labor Laws
From 2015 to 2017, the U.S. Securities and Exchange Commission (SEC) announced a series of settlements with employers in which the SEC adopted a strict interpretation of the whistleblower protections afforded under the...more
On December 15, 2021, New York City enacted the strictest vaccination mandate in the country for private sector employers. By Order of the Commission of the New York City Department of Health and Mental Hygiene, all private...more
On November 5, 2021, the Occupational Safety and Health Authority (OSHA) issued an Emergency Temporary Standard for COVID-19 Vaccinations and Testing (the ETS), which imposes obligations on many employers to implement...more
11/12/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, President Biden announced "six broad areas of action" designed to curb the spread of COVID-19. The White House has published an outline of its "Path Out of the Pandemic" action plan. Below are the action...more
On June 17, 2021, the California Occupational Safety and Health Standards Board voted to approve certain revisions to the Division of Occupational Safety and Health’s (Cal/OSHA’s) COVID-19 Emergency Temporary Standards...more
On May 18, 2021, Santa Clara County's Public Health Department issued a new order focused on safety measures designed to reduce the spread of COVID-19. The order became effective May 19, 2021, when the county entered the...more
5/28/2021
/ Business Continuity Plans ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Policies and Procedures ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
COVID-19 vaccines are becoming increasingly available across the United States, and businesses across the country are preparing to return to the office. However, a recent poll found that 1 in 3 Americans say that they...more
On January 11, 2021, the mayor of the District of Columbia signed D.C. Act 25-563, the Ban on Non-Compete Agreements Amendment Act of 2020 (the Act), which was then submitted to Congress for approval in accordance with the...more
With the passage of Proposition 22 in the November 3, 2020, general election, California's gig economy scored a victory over the state's efforts to classify app-based rideshare and delivery company workers as employees rather...more
On May 18, 2020, the Massachusetts Reopening Advisory Board published its Reopening Massachusetts Report (the "Report") setting out detailed requirements for businesses that are currently open and those that are permitted to...more
As the prospect of bringing employees back to the office becomes a reality for some employers, and draws closer for others, businesses need to ensure that they have a return to work plan that prevents the spread of COVID-19...more
While much of the country remains subject to stay-at-home orders due to the spread of COVID-19, many businesses are starting to plan for employees' return to the office. Because COVID-19 is expected to remain in the community...more
The COVID-19 pandemic has quickly led to stay-at-home directives, enhanced health and safety requirements, and new legislation. These developments changed the working environment and the rules governing the employment...more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the Act). The Act is one of several federal government efforts to stimulate the economy and mitigate the economic harm to individuals and...more
New York Governor Cuomo and the New York State legislature have reached agreement on a bill to expand New York's Paid Sick Leave Law to provide job protection and pay for New Yorkers quarantined as a result of the Novel...more