FTC Proposed Rule Would Essentially Ban Non-Compete Agreements (Podcast)
Elizabeth M. Roberson discusses the FTC's proposed rule that would virtually ban all non-compete agreements, including those entered into before the rule takes effect.
Search Options
Labor and Employment
Pregnant Workers Fairness Act And The Pump Act: What’s Changed?
The Pregnant Workers Fairness Act (PWFA) and the PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act, included as part of the recent Congressional spending bill, expand and clarify rights for pregnant and nursing workers.
PREGNANT WORKERS FAIRNESS ACT
The…
FTC Takes Unprecedented Action Against Non-Compete Agreements
Last week the Federal Trade Commission (“FTC”) took unprecedented action against multiple businesses due to their non-compete agreements with employees. This action comes in response to an Executive Order issued by President Biden well over a year ago in July of 2021 asking the FTC to act against…
FTC Proposes Rule to Ban Non-Compete Agreements
On January 5, 2023, the FTC issued a proposed rule that purposes the ban of virtually all non-compete agreements, including those entered into before the rule takes effect. This breaks the silence from the FTC on this subject and is a direct response to the Executive Order issued by the Biden…
Time for a Breakroom Makeover: EEOC Releases New “Know Your Rights” Poster
The Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights: Workplace Discrimination is Illegal” poster on October 19, 2022, which replaces the “Equal Employment Opportunity is the Law” poster last revised in 2009.
In its press release, the EEOC states that the plain language…
Is Your Workplace Correctly Classifying Employees and Independent Contractors?
On October 13, 2022, the U.S. Department of Labor (DOL) published a Proposed Rule to revise its prior guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This Proposed Rule rescinds a prior rule that was published on January 7, 2021,…
Service and Emotional Support Animals (Podcast)
Shelley M. Jackson discusses the differences between service and emotional support animals and what rights are available for individuals who have them?
Work Opportunity Tax Credits Can Increase Diversity and Reduce Labor Shortages
In a tight labor market with diversity, equity, and inclusion front of mind, some employers have expanded their outreach to prospective employees under the federal Work Opportunity Tax Credit (WOTC). Refining their recruiting approach may relieve staffing pressures and enhance workplace diversity,…
Website Compliance with the ADA: Is Your Company Compliant With the Latest DOJ Guidance?
While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…
New Law Will End Forced Arbitration in Sexual Assault and Sexual Harassment Cases
Last week, the Senate passed a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, that will nullify forced arbitration clauses in sexual assault and sexual harassment cases. The bill has been sent to President Biden’s desk for signature and is expected to be signed…
CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling
On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”).
Scope of Guidance
The…
Beware of the Illinois Employee who Insists on Independent Contractor Status
Imagine that your company contracts with a salesperson, consultant, or other professional, who insists on an independent contractor arrangement. He wants to be free to accept other work opportunities. Your company accommodates by paying a daily rate for services, setting up a payment-upon-invoicing…