News & Analysis as of

Effective Date Employer Liability Issues

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Maryland Law Places New Restrictions on Noncompete Agreements for Health Care and Veterinary Professionals

Restrictions on noncompete agreements in the state of Maryland for certain care-related industries have become substantially broader. Under Maryland’s House Bill (HB) 1388, Maryland employers now face greater restrictions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Updates and Clarifies Noncompetition and Nonsolicitation Law

The 2024 Washington State Legislature passed Substitute Senate Bill (S.S.B.) 5935 in February 2024, and Governor Jay Inslee signed the bill into law on March 13, 2024, updating and clarifying Washington law regarding...more

Parker Poe Adams & Bernstein LLP

Federal Court Delays Effective Date of NLRB Joint Employer Rule

Last week, a Texas federal court extended a temporary ban on implementation of the National Labor Relations Board’s joint employer rule until March 11. The rule was originally effective in December, but the NLRB delayed the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Columbus, Ohio’s Salary History Ban Goes Live on March 1, 2024: Are You Ready?

Employers in Columbus, Ohio, will be prohibited from asking job applicants about their salary histories under a city ordinance that takes effect on March 1, 2024....more

Stokes Wagner

DOL Issues a Final Independent Contractor Rule

Stokes Wagner on

The United States Department of Labor (“DOL”) recently released a final rule that addresses the classification of workers as independent contractors under federal labor law. The rule goes into effect on March 11, 2024....more

Holland & Knight LLP

NLRB Adopts, Then Extends Deadline for New Joint Employer Rule

Holland & Knight LLP on

The National Labor Relations Board (NLRB) on Oct. 26, 2023, issued a new rule that significantly expands who qualifies as a joint employer under the National Labor Relations Act. Under the new rule, which rescinds the prior...more

WilmerHale

New California Non-Compete Laws Add Teeth to State’s Non-Competition Prohibition

WilmerHale on

2023 has seen its fair share of headlines with respect to developments in non-competition law: in January, the Federal Trade Commission proposed a rule that would ban most non-competes; in May, the National Labor Relations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Adopts Final Rules on Automated Decision-making Tools, AI in Hiring

On April 6, 2023, the New York City Department of Consumer and Worker Protection (DCWP) adopted highly anticipated final rules implementing the city’s law regulating the use of automated employment decision tools (AEDT) tools...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer Must Give WARN Notice for Delay in Plant Closing

The federal Worker Adjustment and Retraining Notification Act (WARN) requires employers to provide 60 days’ advance notice to employees of qualifying mass layoffs or plant closures. WARN regulations require that the notice...more

Benesch

Reminder: California Employee Personal Data In-Scope of California Data Protection Law Effective Jan. 1, 2023

Benesch on

The Employee Data Exemptions that existed in the original CCPA will no longer be effective in 2023 as the scope of the data protection law expands under the CPRA. In November 2020, California residents voted to adopt the...more

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