Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more
When transferring an employee or making changes to their job duties, employers now face an increased risk of claims under Title VII. On April 17, the US Supreme Court unanimously held that plaintiffs alleging discrimination...more
5/9/2024
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employment Litigation ,
Employment Policies ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more
3/13/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Cybersecurity ,
Damages ,
Department of Justice (DOJ) ,
Employment Contract ,
Enforcement ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Former Employee ,
Intellectual Property Protection ,
New Legislation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
It’s back . . . like a bad penny or another season of “Bachelor in Paradise.” Last week, the National Labor Relations Board (NLRB or Board) announced the return of its new and expanded “BFI standard” for determining “joint...more
11/2/2023
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Unions ,
Wage and Hour
As we enter the final quarter of 2023, the ArentFox Schiff Hospitality Industry group has identified several opportunities and challenges that could impact the hospitality industry, including issues related to artificial...more
Last Friday, the National Labor Relations Board (NLRB) overturned decades of precedent and continued in its march to ease labor union efforts to organize new workforces. In its decision in Cemex Construction Materials Pacific...more
Illinois Governor J.B. Pritzker has signed amendments to the Illinois Equal Pay Act (IEPA) that will require most Illinois employers to provide pay scales and benefits in job postings, and amendments to the Illinois Day and...more
8/21/2023
/ Bonuses ,
Employee Benefits ,
Employee Rights ,
Employee Training ,
Equal Pay ,
Incentives ,
Job Ads ,
Labor Disputes ,
Pay Transparency ,
Penalties ,
Recordkeeping Requirements ,
Stock Options ,
Temporary Employees ,
Workplace Safety
Yesterday, Illinois Governor Pritzker signed into law the “Paid Leave for All Workers Act,” which will allow most Illinois employees up to 40 hours of paid leave per year, for any purpose, starting on January 1, 2024. This...more
The holidays came early for organized labor this year, with the National Labor Relations Board (NLRB or Board) issuing another decision that will make it easier for unions to organize new workplaces. In American Steel...more
On September 30, 2022, the National Labor Relations Board (NLRB) continued its efforts to upend labor relations and reinstituted its short-lived Lincoln Lutheran dues checkoff rule. In a 3-2 decision, the Board held that...more
Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis...more
9/13/2022
/ Assignments ,
Compensation ,
Discipline ,
Employee Benefits ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Rules ,
Supervision ,
Wages ,
Work Schedules ,
Workplace Safety
Buckle up, it’s about to get choppy.
Employers sailing in National Labor Relations Board (NLRB or Board) waters have come to expect rough seas. By one estimate, the Board overturned more than 4,500 cumulative years of...more