During their last week in office, and over the vigorous dissent of Republican FTC commissioners, Biden administration antitrust officials unveil new guidelines intended to replace the 2016 Antitrust Guidance for Human...more
1/22/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Employees ,
Employment Contract ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Franchises ,
Independent Contractors ,
Non-Compete Agreements ,
Restrictive Covenants
In the first known case to challenge California's legislative attempt to void noncompete agreements even for employees who do not live or work in California, the First Circuit Court of Appeals upheld the application of...more
The Situation: While U.S. states continue to legislate pay equity and transparency obligations, significant changes are on the horizon in the European Union that will impact U.S. companies with sizeable operations there. The...more
6/6/2024
/ Disclosure Requirements ,
Due Diligence ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
EU ,
EU Directive ,
Federal Labor Laws ,
Gender-Based Pay Discrimination ,
International Labor Laws ,
Labor Reform ,
New Rules ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Reporting Requirements
This week, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to finalize a rule that bans noncompete clauses in employment agreements as a per se illegal “unfair method of competition” (“UMC”) under Section 5...more
The Background: In August 2022, the United States Court of Appeals for the Second Circuit held in Murray v. UBS Securities, LLC., et al. ("Murray") that an employee suing his employer under the anti-retaliation provisions of...more
2/19/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Burden of Proof ,
Certiorari ,
Employees ,
Employer Liability Issues ,
Murray v UBS Securities LLC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Whistleblower Protection Policies ,
Whistleblowers
On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more
11/27/2023
/ Breach of Contract ,
Confidentiality Agreements ,
Confidentiality Policies ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Employment Discrimination ,
Labor Regulations ,
New Legislation ,
New York ,
Non-Disclosure Agreement ,
Settlement Agreements ,
State and Local Government
The New York State Department of Labor has published amended WARN regulations that provide guidance on a number of topics, including treatment of remote workers, applicability of exemptions, pay in lieu of notice, calculating...more