Joseph Torres on Employer Liability Issues

Federal Trade Commission Announces New Partnership with Department of Labor

On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers. According to the...more

10/5/2023 / Department of Labor (DOL) , Employees , Employer Liability Issues , Enforcement Actions , Federal Trade Commission (FTC) , Memorandum of Understanding , Unfair Labor Practices , Worker Protection Standard

NLRB Limits Employers’ Use of Non-Disparagement and Confidentiality Provisions in Employment-Related Agreements and Policies

Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more

6/5/2023 / Confidentiality Agreements , Dispute Resolution , Employees , Employer Liability Issues , Employment Litigation , Employment Policies , NLRB , Non-Disparagement Provisions , Section 7 , Severance Agreements

Client Alert: Acquittal of Aerospace Employees Marks the Department of Justice’s Fourth, and Most Damaging, Criminal No-Poach Loss

United States District Court Acquits all Defendants in US v. Patel - On April 28, 2023, the United States District Court for the District of Connecticut acquitted the defendants in US v. Patel of the charges of conspiring...more

5/11/2023 / Acquittals , Antitrust Division , Antitrust Violations , Department of Justice (DOJ) , Employer Liability Issues , No-Poaching , Non-Compete Agreements , Per Se Rule , Sherman Act , Trade Secrets

Client Alert: Stakeholders Speak Out During Webinar on FTC’s Proposed Rule Banning Noncompetes

Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more

3/7/2023 / Comment Period , Confidential Information , Confidentiality Agreements , Employer Liability Issues , Federal Trade Commission (FTC) , Non-Compete Agreements , Non-Disclosure Agreement , Proposed Rules , Rulemaking Process , Trade Secrets

Client Alert: FTC Director’s Comments Continue the Concern and Confusion about Proposed Non-Compete Ban

On January 11, 2023, Elizabeth Wilkins, the Federal Trade Commission’s Director of the Office of Planning and lead staffer for the FTC’s newly proposed ban on non-competes, provided comments and answered questions about the...more

1/13/2023 / Employer Liability Issues , Federal Trade Commission (FTC) , New Rules , Non-Compete Agreements , Non-Disclosure Agreement , Non-Solicitation Agreements , Proposed Rules , Public Comment , Restrictive Covenants

DOJ Continues Push Against Non-Competes, Non-Solicitations, and Other Post Employment Restrictions

Aggressive Attacks on Employers’ Post-Employment Restrictions Continue - Employers beware. The Department of Justice’s attack on employee restrictions has gotten a new boost in a no-poach antitrust case alleging that...more

3/2/2022 / Employer Liability Issues , Employment Contract , Employment Litigation , No-Poaching , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants

Supreme Court Stays OSHA’s Vaccine-or-Test Rule

On January 13, 2022, a divided Supreme Court stayed OSHA’s vaccine-or-test emergency temporary standard (ETS). Nat’l Federation of Independent Business v. Dep’t of Labor, OSHA , 595 U.S. ___ (2022). The matter came before the...more

1/17/2022 / Biden Administration , Constitutional Challenges , Coronavirus/COVID-19 , Department of Labor (DOL) , Employer Liability Issues , Employer Mandates , Federal Contractors , Infectious Diseases , Lack of Authority , National Federation of Independent Business v Department of Labor and OSHA , OSHA , SCOTUS , Stays , Vaccinations , Virus Testing , Workplace Safety

California Enacts Further Restrictions on Use of Nondisclosure Agreements in Discrimination and Harassment Settlements

The #MeToo movement caused a significant amount of legislative activity across the country, addressing, among other things, limits on the use of nondisclosure agreements in settlements of sexual harassment claims. Expanding...more

10/15/2021 / #MeToo , Employer Liability Issues , Employment Contract , Hostile Environment , New Legislation , Non-Disclosure Agreement , Settlement Agreements , Sex Discrimination , Sexual Harassment , State Labor Laws

Vaccination Required for Employees Working in Connection with Government Contracts or in Shared Facilities

By: Sati Harutyunyan, Matthew L. Haws, Gabrielle Sigel, Emma J. Sullivan, and Joseph J. Torres The Safer Federal Workforce Task Force (Task Force) issued its much anticipated guidance to federal contractors pursuant to...more

9/27/2021 / Biden Administration , Coronavirus/COVID-19 , Critical Infrastructure Sectors , Emergency Management Plans , Employer Liability Issues , Employer Mandates , Essential Workers , Exempt-Employees , Federal Contractors , Federal Employees , Infectious Diseases , Public Health Emergency , Regulatory Requirements , Vaccinations , Workplace Safety

Joseph Torres

Jenner & Block

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