In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use...more
2/6/2023
/ Assignment of Inventions ,
Confidentiality Agreements ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Labor Reform ,
Labor Regulations ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Rules ,
Regulatory Agenda ,
Restrictive Covenants ,
State and Local Government
On January 5, 2023, President Biden signed the Protecting American Intellectual Property Act of 2022 (“PAIP Act”) into law. The law is designed to shield American businesses from trade secret theft by foreign actors....more
New York’s soon-to-be-effective pay transparency law (Int. No. 134-A) will require New York employers, employment agencies, and employees or agents of these entities to disclose the salary ranges for open positions in job...more
10/31/2022
/ Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Trade secret law affords plaintiffs flexibility in fashioning a damages calculation. As detailed in the Defense of Trade Secrets Act, remedies can include (1) injunctive relief, (2) damages for the plaintiff’s actual loss,...more
In July 2022, the Seventh Circuit issued an opinion making it clear that employers must put in place written invention assignment agreements if they want to ensure ownership of employee inventions...more
8/23/2022
/ Assignment of Inventions ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Intellectual Property Agreements ,
Intellectual Property Protection ,
Inventions ,
Patent Ownership ,
Patents ,
Trade Secrets
Under conventional pleading standards, courts generally allowed plaintiffs to describe their trade secrets with a level of generality when filing a complaint in a trade secret case. It often sufficed for plaintiffs to provide...more
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act into law, which will require New York State employers to implement workplace health and safety standards to protect their...more
5/12/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Covered Employer ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Failure to Comply ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Mandatory Requirements ,
New York ,
Policies and Procedures ,
Workplace Safety
On March 12, 2021, New York State Governor Andrew Cuomo signed into law legislation granting public and private employees paid time off to receive the COVID-19 vaccination. The new law immediately requires all New York State...more
On April 3, 2020, New York Governor Andrew Cuomo signed into law the New York State Paid Sick Leave Law, which provides New York-based employees with up to 56 hours of paid sick leave per year. Covered employees began...more
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers regarding the intersection of employer COVID-19 vaccine policies and various federal equal employment opportunity...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability ,
Emergency Use Authorization (EUA) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety