Key Points -
The NLRB’s General Counsel issued a memorandum providing her position on the NLRB’s recent decision in McLaren Macomb, holding that employers may not offer severance agreements with broad confidentiality or...more
Key Points -
On February 21, 2023, the NLRB issued a decision in McLaren Macomb holding that employers may not offer severance agreements with broad confidentiality or non-disparagement clauses to union and non-union...more
Key Points -
In an unprecedented step, the Federal Trade Commission has proposed a categorical, nationwide ban on non-compete clauses between employers and employees (or independent contractors). According to the FTC’s...more
1/16/2023
/ Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more
Key Points -
Originally poised to be one of the broadest non-compete bans in the country, Washington, D.C.’s scaled-back non-compete law became enforceable on October 1, 2022.
The new law prohibits non-competition...more
A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more
5/24/2022
/ ABC Test ,
At-Will Employment ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Independent Contractors ,
Joint and Several Liability
The grinding halt of the U.S. economy due to the COVID-19 pandemic, as well as the Russia-Saudi Arabia oil price war, have forced companies in every industry to evaluate workforce reorganizations and reductions....more
- The continued spread of COVID-19 presents employers with an array of unprecedented workforce management and public health challenges.
- Decisions that employers may be called upon to make implicate a variety of...more
3/10/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Reasonable Accommodation ,
Remote Working ,
Risk Management ,
Salaried Employees ,
Sick Leave ,
Traveling Employee ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
- On February 26, 2020, the NLRB issued a final rule tightening the standard for joint employment under the NLRA.
- The joint-employer standard is important because if two entities are joint employers, both must bargain...more
Key Points -
• Tight labor markets are leading courts and legislatures to closely scrutinize noncompetes and other restrictive covenants.
• If there are changes in an employee’s job and/or the company’s business, it...more
7/16/2019
/ Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Non-Compete Agreements ,
Rebuttable Presumptions ,
Restrictive Covenants ,
Trade Secrets ,
Unenforceable Contract Terms ,
Unfair Competition ,
Wage and Hour ,
White-Collar Exemptions
• The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) have indicated in the past that they believe that certain agreements between employers not to poach each other’s employees are...more
4/2/2019
/ Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchisors ,
Hiring & Firing ,
Horizontal Restraint ,
Motion to Dismiss ,
No-Poaching ,
Per Se Rule ,
Rule-of-Reason Analysis ,
Vertical Restraints
• New California law prohibits employers from seeking or relying on applicants’ salary history information when making hiring and compensation decisions.
• The law also requires an employer to provide the pay scale for a...more
The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With recent developments in the industry and predictions that low oil...more
The dramatic drop in the price of oil is forcing many energy-related companies to reevaluate their operations and consider steps to trim their costs. With predictions that low oil prices will extend well into 2016, such...more