News & Analysis as of

Employer Liability Issues Biden Administration Department of Justice (DOJ)

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

Ballard Spahr LLP on

The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

WilmerHale

Antitrust Compliance: What to Know for 2025

WilmerHale on

Active until its final day in office, the Biden administration focused intently on antitrust compliance programs. Most recently, antitrust enforcers made significant policy changes to their approach to evaluating corporate...more

Jackson Lewis P.C.

Rescinded Biden Immigration Executive Orders: What Employers Need to Know

Jackson Lewis P.C. on

As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

Goodwin on

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

Mintz - Employment Viewpoints

The NLRB’s Busy July – A Harbinger of Future Coordinated Federal Action Between the NLRB, FTC, and DOJ

July was a busy month for the National Labor Relations Board (“NLRB”).  In the span of a week, the NLRB signed Memoranda of Understanding (“MOU”) with both the Federal Trade Commission and the U.S. Department of Justice’s...more

Cohen & Gresser LLP

Trial Setbacks Are Unlikely to Deter the Antitrust Division from Aggressively Pursuing Labor Cases

Cohen & Gresser LLP on

Last week, the Department of Justice Antitrust Division suffered two trial setbacks in its efforts to bring cases involving alleged anticompetitive conduct in labor markets. Despite these losses, we expect the Division to...more

K&L Gates LLP

Federal Agencies Signal Further Hostility Towards Noncompetition Agreements

K&L Gates LLP on

On 9 July 2021, President Biden issued an executive order (EO) tasking the Treasury Department, in combination with the Department of Justice (DOJ), the Department of Labor (DOL), and the Federal Trade Commission, with...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues Memorandum on Increased Inter-Agency Coordination, Collaboration

The National Labor Relations Board is pushing forward with its plan to cooperate more closely with other Federal agencies tasked with overseeing employment law. This follows an announcement in November 2021 that the National...more

Dentons

Antitrust Concerns for Employers

Dentons on

In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

BakerHostetler

[Podcast] The Emerging New Era for Noncompetes and Trade Secrets: Nationalizing Competitiveness and Noncompete Law: Criminal...

BakerHostetler on

Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more

Benesch

Just like 2021, the DOJ and FTC will remain active in the Restrictive Covenant Space

Benesch on

2021 saw significant activity by both the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) in 2021. The DOJ, for example, finally followed through on its 2016 warning/threat to investigate and potentially...more

Bass, Berry & Sims PLC

DOJ Seeks Stay of KY, OH, and TN Injunction; Hearings Go Forward in Other Government Contractor Vaccine Mandate Cases

Bass, Berry & Sims PLC on

As we previously reported, on November 30, the District Court for the Eastern District of Kentucky (ED of KY) enjoined the government “from enforcing the vaccine mandate for federal contractors and subcontractors in all...more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

Moritt Hock & Hamroff LLP

Are Non-Competes Headed For Extinction?

Regulation of non-competition agreements or provisions has traditionally been governed by state law. As set forth below, however, a new Executive Order may signal that change is coming on the federal level. Background - ...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

McAfee & Taft

Biden Administration releases guidance classifying ‘long COVID’ as a potential disability

McAfee & Taft on

On July 26, 2021, the Biden Administration announced that “long COVID” – a condition in which some people continue to experience COVID symptoms long after the acute phase of infection –could be considered a disability under...more

McGuireWoods LLP

Forthcoming Executive Order Targets Employee Noncompete Agreements

McGuireWoods LLP on

At a press briefing on July 7, 2021, the White House announced that President Joe Biden plans to issue an executive order aimed at restricting the use of noncompete agreements by private employers....more

Foley & Lardner LLP

Employee charged with COVID relief fraud? Questions for GCs

Foley & Lardner LLP on

The United States Department of Justice (DOJ) already has publicly charged almost 500 defendants with criminal offenses based on fraud schemes connected to the COVID-19 pandemic. Unfortunately, these prosecutions can have...more

Husch Blackwell LLP

The Biden Administration: Expected Changes In Workplace Protections

Husch Blackwell LLP on

Husch Blackwell’s Labor & Employment team is launching a series of employment and labor alerts and labor law podcasts that discuss the expected changes in labor and employment laws under the Biden administration and provide...more

Perkins Coie

New Administration Will Bring Big Changes to the Department of Labor

Perkins Coie on

The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. However, the nature and the degree of those changes will depend heavily on how Biden fills senior roles not only at DOL but also in...more

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