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Employees Enforcement

Woods Rogers

CFPB Warns Employee Confidentiality Agreements May Violate Whistleblower Protections

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The Consumer Financial Protection Bureau (CFPB) recently issued the Consumer Financial Protection Circular 2024-04 warning financial institutions that broad employee confidentiality agreements may violate the whistleblower...more

Schwabe, Williamson & Wyatt PC

District Court Strikes Down Portions of Recent Davis-Bacon Act Revisions

A Federal District Court in Texas struck down portions of the Department of Labor’s (DOL) revisions to the Davis-Bacon Act Regulations, effectively reducing the scope of work that will be subject to Davis-Bacon Act wages....more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

Butler Snow LLP

EEOC Updates Harassment Guidance for First Time in 25 Years

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Almost seven months after seeking public comment on an initial proposed version, and more than seven years after first attempting to update its guidance on the issue, the Equal Employment Opportunity Commission issued on...more

Foley & Lardner LLP

The Great Trick Play: The Dartmouth College Men’s Basketball Team Votes to Unionize

Foley & Lardner LLP on

Did you hear the news? The members of the Dartmouth College men’s basketball team have been deemed employees of the school and voted to unionize under federal labor law. How could you miss it? The crush of media reports has...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

Harris Beach PLLC

New York Labor Law: Certain Employee Inventions Belong to Employees

Harris Beach PLLC on

New York’s recent addition of Section 203-f to Labor Law declares unenforceable any provisions in existing and future employment agreements requiring an employee to assign to the employer those inventions developed entirely...more

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know about the White House’s Executive Order on AI

President Joe Biden recently issued an executive order devised to establish minimum risk practices for use of generative artificial intelligence (“AI”) with focus on rights and safety of people, with many consequences for...more

TransPerfect Legal

Unpacking the Latest Regulatory Trends in U.S. Second Requests

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TransPerfect Legal held its third annual Antitrust Clearance & Merger Enforcement Conference on October 24, 2023, in New York City. At the conference, antitrust experts from across the country participated in six...more

Allen Matkins

Has The SEC Put The Proverbial Horse Before The Cart?

Allen Matkins on

In a recently settled administrative proceeding, the Securities and Exchange Commission took the position that an employer took action to impede potential whistleblowers when as a condition of receiving separation pay, the...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

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The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

Butler Snow LLP

What is the Message from Artificial Intelligence

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When announcing the much publicized $125 million fine against JP Morgan for violating recordkeeping rules, the U.S. Securities and Exchange Commission (“SEC”) Chair stated that financial institutions “did not act as if they...more

Perkins Coie

New York City Adopts Final Rules for Law Governing Automated Employment Decision Tools

Perkins Coie on

The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144 on April 6, 2023. This landmark law prohibits employers from using automated employment decision tools (AEDTs) to...more

Bradley Arant Boult Cummings LLP

Bueller? Bueller? EEOC Examining Attendance Policies for ADA Violations

Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal...more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

Sheppard Mullin Richter & Hampton LLP

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

DarrowEverett LLP

The Show Must Go On: Entertainer-Employee Classification Takes Center Stage for Venues

DarrowEverett LLP on

It’s spring 2023, live entertainment is back, and perhaps so is the Internal Revenue Service (“IRS”). The Inflation Reduction Act, signed into law on August 16, 2022, authorizes $80 billion in funding for the IRS over the...more

Society of Corporate Compliance and Ethics...

Federal Trade Commission proposes a noncompete ban: Five things to know

By now, most compliance professionals are aware of the Federal Trade Commission (FTC) press release from January 5, which announced its proposed rule to ban noncompete clauses. The FTC proposed adding a new subchapter J,...more

White & Case LLP

How to Avoid Risk of SEC Whistleblower Rule Violations in Connection with Employee-related Documents

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On February 3, 2023, the US Securities and Exchange Commission ("SEC") announced that a public company agreed to pay $35 million to settle charges of, among other things, violations of the whistleblower protection rule.1...more

Faegre Drinker Biddle & Reath LLP

Illinois Department of Labor Publishes Final Rules Regarding Illinois Equal Pay Registration Certificates

The Illinois Department of Labor (IDOL) recently published its final rules regarding Illinois Equal Pay Registration Certificates (EPRC).  The final rules largely adopt the proposed rules issued last June, which was discussed...more

Pillsbury Winthrop Shaw Pittman LLP

NYC Pay Transparency Law Takes Effect November 1, 2022: Are You Ready?

As of November 1, 2022, covered employers advertising jobs that will be—or even can be—performed, in whole or in part, in New York City must include a good faith salary or hourly range pursuant to the new salary transparency...more

Faegre Drinker Biddle & Reath LLP

DC Finally Prunes its Ban on Non-Competes

When initially enacted in January 2021, the District of Columbia’s Ban on Non-Compete Agreements Amendment Act was one of the broadest non-compete prohibitions in the country.  Its effective date, however, was delayed on...more

McDermott Will & Emery

IRS Releases Five-Year Strategic Plan with Emphasis on Enforcement

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The Internal Revenue Service (IRS) released its five-year strategic plan (Strategic Plan) for 2022 – 2026, laying out four major goals: 1. Service: Provide quality and accessible services to enhance the taxpayer...more

Bradley Arant Boult Cummings LLP

Blessed Are the Caregivers: Equal Employment Opportunity commission guidance on disparate treatment of employees caring for family...

The EEOC first issued enforcement guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities in May 2007. Given that the EEOC issued some new guidance regarding pandemic-related caregiver...more

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