Recently issued Executive Order (EO) 14173 revoked EO 11246, which prohibited employment discrimination and required that federal contractors develop written affirmative action programs for women and minorities. The U.S....more
In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Permanent Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
The U.S. District Court for the Northern District of Texas in Ryan LLC v. Federal Trade Commission issued an order July 3, 2024, enjoining the Federal Trade Commission (FTC) from enforcing its Non-Compete Rule (Rule). The...more
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) had a relatively unsurprising 2021. Not so for 2022. The agency has been hard at work issuing new and extremely ambitious policies....more
4/12/2022
/ Affirmative Action ,
Audits ,
Compliance ,
CSALs ,
Employment Discrimination ,
Enforcement ,
Enforcement Priorities ,
Federal Contractors ,
OFCCP ,
Pay Data ,
Subcontractors ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
During the first seven months of the Biden Administration, there have been several developments in the area of federal contractor affirmative action. As most contractors know, three federal contractor affirmative action...more
8/31/2021
/ Affirmative Action ,
Audits ,
Compliance ,
CSALs ,
Educational Institutions ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OFCCP ,
Oracle ,
Pay Discrimination ,
Scheduling Letters ,
Wage and Hour
On Jan. 1, 2021, employees in Massachusetts may begin to apply for and receive paid leave under the state's new Paid Family and Medical Leave (PFML) law. Massachusetts employers should therefore take any final steps necessary...more
The COVID-19 pandemic has altered the reality of workplace safety and corresponding industry standards. Employers face dramatically different workplace challenges and resulting new obligations regarding safety precautions and...more
Massachusetts employers should be making their final preparations for the Massachusetts Paid Family and Medical Leave (PFML) program in advance of the Oct. 1, 2019, effective date for payroll deductions. This Holland & Knight...more
9/18/2019
/ Anti-Retaliation Provisions ,
Deadlines ,
Effective Date ,
Employment Policies ,
Exemptions ,
Medical Leave ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Leave ,
Payroll Deductions ,
Posting Requirements ,
Private Right of Action ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
Important deadlines concerning the new Massachusetts Paid Family and Medical Leave (PFML) law are approaching. In June 2019, the Massachusetts legislature passed legislation to delay the start of employer and employee...more
7/17/2019
/ Employee Benefits ,
Employee Contributions ,
Employer Contributions ,
Employer Liability Issues ,
Employment Policies ,
Exemptions ,
Medical Leave ,
New Legislation ,
New Regulations ,
Notice Requirements ,
Paid Family Leave Law ,
Paid Leave ,
Payroll Deductions ,
Recordkeeping Requirements ,
State Labor Laws ,
Statutory Deadlines ,
Wage and Hour
Late on the afternoon of June 11, 2019, Massachusetts Gov. Charlie Baker, Senate President Karen Spilka and House Speaker Robert DeLeo announced an agreement to delay the start of employer contributions to the new...more
The Massachusetts Department of Family and Medical Leave (Department) continues to issue guidance on the Massachusetts Paid Family and Medical Leave Act (PFML), which takes effect on July 1, 2019. Holland & Knight previously...more
6/12/2019
/ Employee Benefits ,
Employer Contributions ,
Employer Liability Issues ,
Employment Policies ,
Medical Leave ,
Paid Family Leave Law ,
Paid Leave ,
Payroll Deductions ,
State Labor Laws ,
Wage and Hour ,
Workplace Communication ,
Written Notice
The Massachusetts Department of Family and Medical Leave on March 29, 2019, published revised draft regulations on the Massachusetts Paid Family and Medical Leave (PFML) law for public comment. On July 1, 2019, the Department...more
New Massachusetts laws govern the protection of trade secrets and the enforceability of noncompete agreements. Massachusetts Gov. Charlie Baker recently signed into law the state's version of the Uniform Trade Secrets Act...more
8/20/2018
/ Attorney's Fees ,
Confidential Information ,
Employment Contract ,
Garden Leave ,
Governor Baker ,
Intellectual Property Protection ,
Legitimate Business Interest ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
State Labor Laws ,
Trade Secrets
• Massachusetts Gov. Charlie Baker recently signed into law the Massachusetts Noncompetition Agreement Act (Act), governing noncompetition agreements signed on or after Oct. 1, 2018, by employees and independent contractors...more
8/14/2018
/ Confidential Information ,
Employment Contract ,
Garden Leave ,
Goodwill ,
Governor Baker ,
Hiring & Firing ,
Jurisdiction ,
Legitimate Business Interest ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Public Policy ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more
12/12/2016
/ Article III ,
Basketball ,
College Athletes ,
Colleges ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Football ,
Minimum Wage ,
NCAA ,
Putative Class Actions ,
Standing ,
Student Athletes ,
Universities ,
Wage and Hour
The National Labor Relations Board (NLRB or the Board) on Aug. 23, 2016, issued a 3-to-1 decision concluding that graduate and undergraduate teaching assistants at Columbia University are employees under the National Labor...more
In another blow to legal arguments that student-athletes should be paid as employees, the U.S. District Court for the Southern District of Indiana recently concluded that student-athletes at the University of Pennsylvania...more
The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX).
In the...more
10/28/2015
/ Appeals ,
Basketball ,
Colleges ,
Compliance ,
Deferred Compensation ,
Department of Justice (DOJ) ,
Educational Institutions ,
Financial Assistance Policies ,
Football ,
Gender Equity ,
Name and Likeness ,
NCAA ,
O'Bannon v NCAA ,
OCR ,
Scholarships ,
School Sports ,
Sports ,
Student Athletes ,
Title IX ,
Tuition ,
Universities
The National Labor Relations Board (NLRB) issued a unanimous decision on Aug. 17, 2015, dismissing a petition filed by Northwestern University scholarship football players seeking to unionize under the National Labor...more
8/26/2015
/ College Athletes ,
Compliance ,
Educational Institutions ,
Football ,
NCAA ,
NLRA ,
NLRB ,
Northwestern University ,
Scholarships ,
Student Athletes ,
Title IX ,
Unions
The United States Supreme Court issued an 8-1 ruling in favor of the Equal Employment Opportunity Commission (EEOC) in EEOC v. Abercrombie & Fitch Stores, Inc.The Court ruled that Abercrombie violated Title VII by refusing to...more
The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more
5/19/2015
/ Collective Bargaining ,
Confidentiality Agreements ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Intellectual Property Protection ,
Macy's ,
NLRA ,
NLRB ,
Non-Union ,
Personal Data ,
Right to Privacy ,
Section 7 ,
Section 8 ,
Social Media Policy ,
Supervisors ,
Unions ,
Wrongful Termination
In 2014, the National Labor Relations Board (NLRB or Board) scrutinized employer policies and practices, protected employee use of social media and employers' email systems to organize and engage in protected concerted...more
The Boston City Council has entered the ongoing national debates and reform efforts concerning collegiate student-athlete issues, including safety and scholarships. Colleges and universities across the United States, athletic...more
Since the Supreme Court affirmed a decision by the D.C. Circuit Court of Appeals on June 26, 2014, invalidating President Obama's appointment in January 2012 of three members to the National Labor Relations Board, the NLRB...more
New regulations issued by Department of Labor's Office of Federal Contract Compliance Programs take effect March 24, 2014. Requirements include establishing hiring benchmarks for veterans and adopting utilization goals for...more