In 2023, the Federal Trade Commission (FTC) proposed a sweeping rule under Section 5 of the FTC Act that would have largely prohibited employer noncompete agreements nationwide. After significant legal challenges, the FTC abandoned its effort to implement a nationwide...
On October 19, 2026, the U.S. Supreme Court declined to review the decision upholding President Trump’s removal of National Labor Relations Board (NLRB) member Gwynne Wilcox. The Court issued no opinion on the merits. Its action leaves standing the D.C. Circuit’s...
The U.S. Equal Employment Opportunity Commission (EEOC) has taken a significant step toward rescinding its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII. On Oct. 6, 2026, the White House Office...
NLRB Restores General Motors Standard for Employee Misconduct During Protected Activity Employers have greater clarity on when they may discipline employees for abusive misconduct that occurs during otherwise protected workplace activity. In a September 23, 2026...
Every fall, millions of Ohioans spend Saturdays debating whether a coach made the right decision on fourth down. Far fewer pay attention to the document that becomes just as important when the season goes sideways: the coach’s employment contract. Most people assume...
Most employment lawyers have had the same conversation with a client. An executive, physician, salesperson, coach, or other highly visible employee has been accused of serious misconduct. The allegations are already circulating internally, if not publicly. Human...
The National Labor Relations Board is poised for a significant change in direction following the Senate’s confirmation of James Macy to the Board on August 7. Once seated, Macy will give Republican appointees a 3-1 majority on the five-member Board, with one seat...
Nearly three years after Michigan State University terminated former head football coach Mel Tucker for cause, the litigation has entered a different phase. The public attention surrounding the allegations has largely subsided, leaving courts to address the issues...
The pending New York action brought by Leslie Kuhn, radio personality Howard Stern’s former executive assistant, seeks declarations that a 2022 confidentiality agreement and a 2025 nondisclosure agreement are void or unenforceable. Kuhn alleges that she never signed...
The U.S. Department of Labor’s ongoing efforts to adjust the salary thresholds for the “white collar exemptions” under the Fair Labor Standards Act have created significant uncertainty for employers. Following the now-vacated 2024 Final Rule and subsequent legal...