On Jan.5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would effectively ban the use of non-compete agreements in employment contracts and preempt all state laws that provide less protection to workers. If made final, non-compete agreements...
Content By Hannah J. Kraus
Remedies for NLRA Violations Now Include Consequential Damages: What Employers Should Know
On Dec. 13, 2022, the National Labor Relations Board (NLRB) issued a monumental decision that significantly expands upon the remedies available to employees for violations of the National Labor Relations Act (NLRA). In Thryv, Inc., the Democratic majority of the NLRB...
FTC Proposes New Rule Banning Non-Compete Agreements
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...
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...
Independent Contractor vs. Employee: Proposed Rules to Prevent Misclassification
On Oct. 11, 2022, the U.S. Department of Labor announced a proposed rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act that redefines how to classify workers. The proposed rule updates the test for determining whether a...
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...
How Should Employers Respond to the Monkeypox Public Health Emergency?
Since May 2022, the United States has experienced the single largest Monkeypox outbreak in the nation’s history. In fact, on Aug. 4, 2022, the Biden Administration declared Monkeypox a national public health emergency. While not expected to reach pandemic levels,...
Can Employers Prevent & Combat Employee Unionization?
The United States is currently experiencing a major resurgence of labor unions. As more fully discussed in The Resurgence of Unions: Why Now?, this upward trend in unionization can primarily be attributed to the COVID-19 pandemic, a political atmosphere that...
New Ohio Law Allows Teachers to Carry Firearms in Classrooms
Governor DeWine Signs House Bill 99 On June 13, Ohio Governor Mike DeWine signed House Bill 99 (HB 99), which allows teachers and other school personnel to carry firearms in school safety zones. HB 99 was previously passed by the Ohio House in November 2021 with a...