...NLRB Issues Final Rule on ‘Joint Employer’ Standard On -
October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more
11/16/2023
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biden Administration ,
Breach of Contract ,
CA Supreme Court ,
City of New York ,
Collective Bargaining ,
Diversity ,
Earned Sick and Safe Time Act ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Executive Orders ,
Final Rules ,
French Language Requirements ,
Governor Newsom ,
Joint Employers ,
New Guidance ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Notice Requirements ,
Paid Sick Leave ,
Penalties ,
Pregnant Workers Fairness Act ,
Private Attorneys General Act (PAGA) ,
Proposed Regulation ,
Reasonable Accommodation ,
Reporting Requirements ,
Restructuring ,
Retaliation ,
SCOTUS ,
Surveillance ,
Venture Capital
New York, Minnesota and NLRB Act To Limit Noncompetes -
New York Legislature Passes Bill To Ban Post-Employment Noncompetes -
On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more
6/23/2023
/ Absenteeism ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Deadlines ,
Electronic Filing ,
Employee Misconduct ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Entrepreneurs ,
EU ,
Form I-9 ,
France ,
Germany ,
Independent Contractors ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Paid Leave ,
Resignation ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Legislatures ,
UK ,
Unions ,
Whistleblower Protection Policies
Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more
5/25/2023
/ Acquisitions ,
Artificial Intelligence ,
Banking Sector ,
Board of Directors ,
CEOs ,
China ,
Corporate Governance ,
Disclosure Requirements ,
Emerging Technology Companies ,
Employees ,
Employer Liability Issues ,
EU ,
Executive Orders ,
Export Controls ,
Exports ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Financial Institutions ,
Hiring & Firing ,
Intellectual Property Protection ,
Mergers ,
Non-Compete Agreements ,
Notice Requirements ,
Regulatory Agenda ,
Regulatory Oversight ,
Restrictive Covenants ,
Technology ,
Technology Sector
The new year has brought a slew of changes in state laws, including those governing employee leave, privacy, as well as workplace discrimination and harassment. The federal Pregnant Workers Fairness Act and PUMP Act added...more
1/13/2023
/ Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
New Legislation ,
New Regulations ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Pregnancy ,
Proposed Rules ,
Reasonable Accommodation ,
Unfair Labor Practices
On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit...more
1/10/2023
/ Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Labor Reform ,
Non-Compete Agreements ,
Notice Requirements ,
Proposed Rules ,
Regulatory Agenda ,
Rescission ,
Restrictive Covenants ,
Unfair Competition
This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more
9/2/2021
/ COBRA ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Form I-9 ,
Gig Economy ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
Non-Compete Agreements ,
Over-Time ,
State Labor Laws ,
Wage and Hour
This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more
10/16/2020
/ Administrative Procedure Act ,
Amended Rules ,
Arbitrary and Capricious ,
Bias ,
California ,
California Family Rights Act (CFRA) ,
Collective Redundancies Directive ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Earned Sick and Safe Time Act ,
Economic Realities Test ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Bans ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
France ,
Germany ,
Governor Newsom ,
Independent Contractors ,
International Labor Laws ,
Joint Employers ,
Local Ordinance ,
LPTA ,
Mayor de Blasio ,
Mileage Reimbursement ,
New Rules ,
New York ,
NLRB ,
Non-Compete Agreements ,
Occupational Exposure ,
OFCCP ,
Paid Sick Leave ,
Pay Data ,
Proposed Rules ,
Reasonable Accommodation ,
Reduction in Hours ,
Remote Working ,
Ridesharing ,
Safe Time ,
Sick Leave ,
State Labor Laws ,
Trump Administration ,
UK ,
Virus Testing ,
Workplace Safety
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
12/13/2019
/ Appeals ,
Arbitration ,
Arbitrators ,
Ballot Measures ,
Bipartisan Agreement ,
Burden of Proof ,
Dynamex ,
EEO-1 ,
Employee Monitoring ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
EU ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Governor Vetoes ,
H-1B ,
Independent Contractors ,
Joint and Several Liability ,
Judicial Review ,
Minimum Salary ,
Multiemployer Plan ,
NLRB ,
Non-Compete Agreements ,
NYHRL ,
OFCCP ,
Offer of Judgment ,
Pay Data ,
Private Equity Funds ,
Repeal ,
Rescission ,
Retaliation ,
Retroactive Application ,
Right to Picket ,
Sexual Harassment ,
State Labor Laws ,
Strict Liability ,
Sun Capital Partners ,
Title VII ,
Trump Administration ,
Union Organizers ,
Whistleblower Protection Policies ,
White-Collar Exemptions
This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
9/26/2019
/ Anti-Discrimination Policies ,
Bonuses ,
CA Supreme Court ,
Choice-of-Law ,
Class Action ,
Competition ,
Contract Modification ,
Data Collection ,
Deadlines ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Domestic Violence ,
Dynamex ,
EEO-1 ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Federal Labor Laws ,
Highly Compensated Employees ,
Independent Contractors ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Minimum Salary ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Exempt Employees ,
Non-Union ,
NYCHRL ,
Opinion Letter ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Public Schools ,
Reporting Requirements ,
Sexual Abuse ,
Sexual Harassment ,
Social Media Policy ,
State Labor Laws ,
Unilateral Modification ,
Union Membership ,
Unpaid Wages ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...more
8/1/2019
/ ABC Test ,
Affirmative Defenses ,
Amended Complaints ,
Charge-Filing Preconditions ,
Civil Rights Act ,
De Minimis Claims ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Faragher/Ellerth defense ,
Federal Arbitration Act ,
Forfeiture ,
Fort Bend County Texas v Davis ,
France ,
Gender Discrimination ,
Gender Violence Acts ,
International Labor Laws ,
Jurisdictional Requirements ,
Mandatory Arbitration ,
Non-Compete Agreements ,
NYHRL ,
Off-The-Clock ,
Pay Gap ,
Recordkeeping Requirements ,
Sarbanes-Oxley ,
State Labor Laws ,
Title VII ,
Transparency ,
Wage and Hour ,
Whistleblowers ,
Work Schedules ,
Workplace Safety
This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more
1/31/2019
/ ADEA ,
Age Discrimination ,
Amended Rules ,
Anti-Harassment Policies ,
Appeals ,
Common Law Test ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Independent Contractors ,
International Labor Laws ,
Job Applicants ,
Minimum Wage ,
Misclassification ,
NLRB ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Pay Gap ,
Protected Concerted Activity ,
Reporting Requirements ,
Restraint of Trade ,
Restrictive Covenants ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Transparency ,
UK ,
Vicarious Liability ,
Workers' Compensation Claim
This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more
9/27/2018
/ Breastfeeding ,
CA Supreme Court ,
Class Action ,
Compensation ,
De Minimus Doctrine ,
Decertification ,
Department of Labor (DOL) ,
DLSE ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
FEHA ,
Immigration Procedures ,
Interactive Process ,
International Labor Laws ,
Joint Employers ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
NYCHRL ,
OFCCP ,
Off-The-Clock ,
Paid Sick Leave Act ,
Popular ,
Reasonable Accommodation ,
Securities Litigation ,
Sexual Harassment ,
State Labor Departments ,
State Labor Laws ,
Uber ,
Wage and Hour ,
Work Schedules
Spotlight on Whistleblower Protections -
On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more
10/31/2016
/ Acquiescence ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Defend Trade Secrets Act (DTSA) ,
Educational Institutions ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Fair Pay Act ,
Federal Contractors ,
France ,
Freedom To Work Act ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Sharing Economy ,
Sick Leave ,
Student Athletes ,
Transgender ,
Transportation Industry ,
Uber ,
UK ,
UK Brexit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers