Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but also, as fully as possible to remedy the harmful effects on employees when employers use and apply them."

The General Counsel has proposed a 60-day period, starting from the issuance of the October 7 Memorandum, for employers to address and rectify any existing "stay-or-pay" provisions that may not align with legitimate business interests. This directive necessitates that employers quickly evaluate their current provisions in light of the new guidelines, as many restrictive covenants and "stay-or-pay" clauses are likely to violate Section 7, according to the General Counsel's criteria. More ›

Is Your Business Prepared to Comply With New York's Retail Worker Safety Act?

On September 4, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act  (the "Act") into law. The Act, which takes effect on March 3, 2025, requires retail employers to develop and implement programs to prevent workplace violence. It also requires retail employers with 500 or more retail employees nationwide to install panic buttons by January 1, 2027. More ›

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s Effective Date

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though the plaintiff's claims arose before the EFAA's enactment.

The Court found that pursuant to the continuing violation doctrine, a hostile work environment claim accrues each time a plaintiff continues to experience sexual harassment. More ›

Texas Federal Judge Strikes Down FTC’s Noncompete Ban

On August 20, 2024, Judge Ada Brown of the United States District Court for the Northern District of Texas set aside and barred the nationwide implementation and enforcement of the FTC’s Final Noncompete Rule. More ›

What Does New York City's Expanded Anti-Discrimination Protection Mean for Employers?

On May 11, 2024, a new law went into effect, amending New York City Administrative Code §§ 8-109 and 8-502. The law prohibits provisions in agreements that shorten the timeframe an employee has to file a claim for unlawful discriminatory practices, harassment, or violence under the New York City Human Rights Law ("NYCHRL").  More ›

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize both employees and a non-exhaustive list of third-party non-employees to act as their representative and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections. More ›

EEOC Announces Final Rule Implementing Regulations to Enforce and Clarify the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a Final Rule to implement regulations aimed at enforcing the Pregnant Workers Fairness Act (PWFA). More ›

New York Expands Anti-Discrimination Laws for Nonresident Job Seekers

On March 14, 2024, the New York Court of Appeals held that nonresident prospective employees who seek employment opportunities in New York State or New York City and are denied due to discriminatory conduct are eligible to assert claims under the New York State Human Rights Law ("NYSHRL") and New York City Human Rights Law ("NYCHRL"). More ›

Federal Court Blocks Illinois Equal Pay Amendment: What Employers and Staffing Agencies Need to Know

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor Services Act (the "Act"). More ›

New York City Enacts a Workers' Bill of Rights Notice and Posting Requirement

Starting July 1, 2024, New York City employers will be required to distribute a Workers' Bill of Rights to all their current employees and new hires on or before their first day of work. More ›