Q: Is New York City considering a total ban on noncompete agreements?
A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more
3/19/2024
/ Competition ,
Employees ,
Employment Contract ,
Financial Industry Regulatory Authority (FINRA) ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Protection ,
Low-Wage Workers ,
New York ,
Non-Compete Agreements ,
Regulatory Agenda ,
Restrictive Covenants ,
State Bans ,
State Labor Laws
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs draw insights from the TV series NCIS to discuss effective workplace harassment training. Our hosts are joined by Victoria Pasquale,...more
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with fellow Partners Sheri Adler and Mary Weeks, chat about the ultimate whistleblower — police officer Frank Serpico — and the...more
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs welcome Katie Stark, senior director, commercial counsel for Collegium Pharmaceutical. The team delves into the topic of dress codes,...more
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs are joined by Marie Latoff, president and founder of Verita, LLC, a firm specializing in workplace investigations. Drawing parallels from...more
On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more
1/17/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Carol Cookerly, founder of Cookerly PR, a national marketing, PR, and crisis management firm. Drawing parallels from the TV...more
Q. Did New York institute a ban against noncompete agreements? ...more
12/29/2023
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Governor Vetoes ,
Hiring & Firing ,
Legislative Agendas ,
New York ,
Non-Compete Agreements ,
Proposed Legislation ,
Restrictive Covenants ,
State and Local Government ,
State Bans ,
State Labor Laws ,
Wage and Hour
In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Fawn Collingwood, VP of Human Resources at United Safety, about the essence and importance of "grit" in the workplace. With...more
Building on the foundation laid in the first episode, the second installment of this series delves deeper into the intricacies of noncompetes, drawing from other examples from The Office, this time specifically focusing on...more
“The Bear” on Hulu takes a close look at the intricacies of people management, generational challenges of today’s workforce, and how to communicate with employees to get the best from them. The show could be a playbook for...more
In the first episode of this two-part series, our Labor + Employment and Employee Benefits + Executive Compensation practices join forces and provide a comprehensive overview of noncompete agreements. Troutman Pepper Partners...more
While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more
10/24/2023
/ Cannabidiol (CBD) oil ,
Controlled Substances ,
Controlled Substances Act ,
Drug Testing ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Medical Marijuana ,
Popular ,
Recreational Use ,
Schedule I Drugs ,
State Labor Laws ,
THC ,
Wage and Hour
Explore the complex intersection of agency inquiries and workplace confidentiality in this episode of the Hiring to Firing Podcast. Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Partner Abbey Hazlett to delve...more
On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions...more
10/13/2023
/ Confidential Information ,
Employee Handbooks ,
Employee Inventors ,
Employees ,
Employment Contract ,
Inventions ,
New York ,
Ownership Interest ,
Scope of Work ,
State and Local Government ,
State Labor Laws ,
Trade Secrets
Should artificial intelligence be used in hiring processes? Many Americans are skeptical, raising fears of a ‘Matrix’-style dystopian future, but AI, and particularly generative AI, is becoming an increasingly important tool...more
A recent survey by Pew Research Center found that most Americans are not in favor of involving artificial intelligence (AI) in the hiring process. In fact, 66% said they would not want to apply for a job with an employer that...more
The Max TV series “Industry” exaggerates —and occasionally glamorizes —illicit drug use in the workplace. However, in real life, employee substance use and addiction can raise significant issues. According to the Society for...more
Are your employees consistently taking extended lunch breaks? Are they frequently absent or keeping their cameras off during video conferences? If so, they might be "moonlighting" while on the clock. Listen in as Partners...more
On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking to increase the white-collar exemption salary threshold — that is, the amount an executive, administrative, or professional employee...more
9/5/2023
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Reform ,
Non-Exempt Employees ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
Companies can profit off their top employees by using their name, image, and likeness. However, there are limitations on an employer's rights to do so. Troutman Pepper Partners Tracey Diamond and Evan Gibbs chatted with...more
Generative artificial intelligence (AI) has seemingly infiltrated every aspect of corporate America, and organizations’ legal, compliance, and human resources departments are understandably struggling to keep pace with its...more
According to a 2020 “Report on Diversity in U.S. Law Firms” from the National Association for Law Placement, only 10% of all law firm partners are people of color. Of all associates, 12% are Asian Americans, 5% are Black, and...more
On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication...more
Corporate theft can happen in any workplace, but in the world of financial services, the theft can also create regulatory and litigation exposure for financial institutions. What type of employee is most likely to steal from...more