Last week, the Federal Trade Commission (FTC) published the Non-Compete Clause Rulemaking, a proposed rule that would prohibit the use of non-compete agreements and preempt all state laws that provide less protection to workers. If made final, the proposed rule would...
Content By Alan M. Rauss
President Biden Signs Bill Limiting Use of NDAs in Sexual Harassment Cases
[UPDATED 12/7/2022: Speak Out Act signed by President Biden] Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment....
Is Pay Transparency the New Normal? Here’s What Employers Should Know
Earlier this month, New York City became the latest jurisdiction to impose pay transparency requirements on employers. Effective Nov. 1, 2022, New York City’s Pay Transparency Law, an amendment to the New York City Human Rights Law, requires all New York City...
How Should Employers Respond to the New Age of Unionism?
Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has more than 300 of its locations in the throes of union campaigns. Employers targeted by recent union organization efforts may be new to the...
Biometrics and AI in the Workplace: Boon or Bane?
Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security and workplace monitoring, all of which can necessitate new approaches brought on by the...
Employer Considerations in the Aftermath of the Dobbs Decision
On June 24, 2022, the United States Supreme Court overturned the constitutional right to abortion established in Roe v. Wade. In Dobbs v. Jackson Women’s Health, a 6-3 decision, the Supreme Court upheld a Mississippi law banning abortion after fifteen weeks, well...
Second Circuit Makes It Easier for Employees to Question E-Signatures
Last month, the United States Court of Appeals for the Second Circuit found that an employee’s sworn statement that she never electronically signed (or even saw) an arbitration agreement during the onboarding process were, alone, enough to avoid arbitration. This...
Can the Justices Add Clarity to the Salary Basis Test for White Collar Overtime Exemptions?
The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have been asked to construe a regulation under the...
New Ohio Law Limits Overtime Compensation
Beginning July 6th of this year, Ohio employers will be impacted by a new set of rules for hourly employees in regard to their overtime pay. Last week, Governor DeWine signed Ohio Senate Bill 47 into law. It was touted as a much-needed legal gauntlet to protect Ohio...
CDC Reinstates Indoor Mask Policy
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) once again recommended that even fully vaccinated individuals should wear masks indoors in areas with high rates of COVID-19 transmission. This reversal from its May 2021 guidance, which dropped...