Today, the Supreme Court justices ruled unanimously in Smith v. Spizzirri, No. 22-1218, that cases involving arbitrable disputes subject to the Federal Arbitration Act (FAA) must be stayed rather than dismissed outright. As a matter of statutory interpretation, the Court
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Is this the end of PAGA?
For the past 20 years, the Private Attorneys General Act (PAGA) has been a thorn to employer’s side in California. In 2004, PAGA, a California state law, was enacted to create a private right of action for workers to file
EEOC issues long-awaited enforcement guidance on workplace harassment
On April 29, 2024 – for the first time in more than twenty years – the EEOC issued its long-awaited updated Enforcement Guidance on Harassment in the Workplace. The updated guidance, which supersedes the EEOC’s decades-old guidance from the 1980’s
Unpacking the FTC’s ban on U.S. non-compete agreements: Reviewing the fine print
As we posted on Tuesday, the Federal Trade Commission (FTC) has at long last issued its final regulatory rule banning virtually all existing and future U.S. non-compete agreements. In this series, we will unpack some of the more nuanced
Unpacking the FTC’s ban on U.S. non-compete agreements: Impact on non-profit organizations
As we posted on Tuesday, the Federal Trade Commission (FTC) has at long last issued its final regulatory rule banning virtually all existing and future U.S. non-compete agreements. In this series, we will unpack some of the more nuanced
Unpacking the FTC’s ban on U.S. non-compete agreements: Impact on private equity and financial institutions
As we posted yesterday, the Federal Trade Commission (FTC) has at long last issued its final regulatory rule banning virtually all existing and future U.S. non-compete agreements. In this series, we will unpack some of the more nuanced questions
U.S. Department of Labor mandates two salary threshold increases for white collar FLSA exemptions and a mechanism for future automatic increases
On April 23, 2024, the U.S. Department of Labor (DOL) announced a final regulatory rule that will raise the minimum salary threshold for employees who are classified as “exempt” under the white-collar exemptions to the Fair Labor Standards Act (FLSA)
BREAKING: FTC bans virtually all existing and future U.S. non-compete agreements
As we discussed in an October 2021 article regarding the future of restrictive covenant agreements in the U.S., President Biden in July 2021 directed the Federal Trade Commission (FTC) to explore potential ways to limit the use of non-compete agreements.
U.S. Supreme Court clarifies standard for job transfer discrimination under Title VII
On Wednesday April 17, 2024, the US Supreme Court in Muldrow v. City of St. Louis, Missouri, et al. issued a precedential ruling that will likely pave the way for more employee discrimination claims under Title VII. In a unanimous
EEOC issues final rule on the Pregnant Workers Fairness Act
On April 15, 2024, the U.S. Equal Opportunity Commission (EEOC) issued its final rule implementing the federal Pregnant Worker’s Fairness Act (PWFA). The PWFA, which went into effect in June 2023,1 requires covered employers to provide reasonable accommodations for