Since being confirmed by the Senate in July 2021, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo has issued 26 memoranda. Many of the GC Memos issued during GC Abruzzo’s tenure present...more
On August 20, 2024, a federal district court in Texas ruled the U.S. Federal Trade Commission (“FTC”) cannot enforce its near-total ban on noncompete agreements that was set to go into effect in early September....more
On July 23, the federal district court for Eastern District of Pennsylvania in ATS Tree Services, LLC v. Federal Trade Commission denied the plaintiff’s motion to enjoin and stay the Federal Trade Commission’s (“FTC”) rule...more
As previously reported, the Federal Trade Commission (“FTC”) finalized a sweeping rule that, if effective, would ban nearly every post-employment non-compete provision. Lawsuits challenging the rule, which is scheduled to go...more
Over the next year, the landscape of leave and break laws is changing in New York. We’ve outlined a few highlights and key dates below....more
The Federal Trade Commission (FTC), in a tight 3–2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Non-compete agreements have never been regulated at the federal level and the FTC’s adoption...more
On Monday, April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued its final “walkaround” rule. The final rule broadens worker and union rights to designate an employee or...more
As previously reported, federal agencies, such as the Federal Trade Commission and National Labor Relations Board, and several states are limiting the use of employee non-compete agreements or banning them altogether....more
Federal and state efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year. As Kilpatrick’s labor and employment team has written about previously,...more
Kilpatrick Townsend attorneys Chris Caiaccio and Drew Williamson recently presented at the “Kilpatrick Townsend Retail and Consumer Goods Summit,” featuring members of the firm’s Retail and Consumer Goods Industry Team who...more
The National Labor Relations Board (“NLRB” or “Board”) continued its aggressive efforts to curtail longstanding management rights under federal labor law, this time by reviving key features of a long-dormant legal doctrine...more
Today the National Labor Relations Board (“Board” or “NLRB”) issued a Final Rule amending its procedures governing representation election. The new rule restores the 2014 “quickie” or “ambush” election rules, which will...more
Last week, the full U.S. Court of Appeals for the Fifth Circuit rejected nearly thirty years of unique precedent that limited the scope of disparate-treatment liability under Title VII of the Civil Rights Act of 1964 to...more
The National Labor Relations Board (the “Board” or “NLRB”) has (again) changed federal labor law in favor of employees. The latest reversal concerns the Board’s standard for evaluating the legality of neutral workplace rules...more
Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more
On January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and greatly expanded New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN Act” or “Act”). The...more
Since President Biden took office and subsequently appointed union attorney Jennifer Abruzzo to the General Counsel role, the National Labor Relations Board (the “Board” or “NLRB”) has issued pro-union decision after...more
On November 3, 2022, the National Labor Relations Board issued a proposed rule that would rescind a 2020 rule issued under the Trump Administration and make it more difficult for workers who are dissatisfied with their unions...more
On May 12, 2022, New York City Mayor Eric Adams signed into law amendments to the New York City Human Rights law that will require New York City employers to include salary ranges in job advertisements. The law becomes...more
Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more
10/12/2022
/ Comment Period ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Proposed Rules ,
Public Comment ,
Wage and Hour
Yesterday, the National Labor Relations Board released a Notice of Proposed Rulemaking, proposing to rescind and replace its 2020 rule concerning the standard for determining whether multiple entities are joint employers...more