For New York employers, the standards for sexual harassment may be shifting. The state requires all employers to adopt its model sex harassment policy or craft one that equals or exceeds minimum standards. Recently, the New York State Department of
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Employment Laws Shaping 2023
2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button labor and
Talking About The NLRB’s New Rulings on Confidentiality, Non-Disparagement, and Severance Offers
There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements.
During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to include confidentiality and non-disparagement clauses in severance agreements.
BIPA Becomes the Monster Employers Feared
Two momentous decisions regarding the Illinois Biometric Information Privacy Act (BIPA) recently came down from the Illinois Supreme Court. First, the Court recently ruled in Cothron v. White Castle System Inc. that a BIPA violation occurs with every scan or
Surviving The FTC’s Assault on Noncompetes
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Thursday, February 2, 2023 at 12:30pm ET
The Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate almost all employers in the nation. If this proposal becomes final it could also prohibit non-disclosure,
Challenging the FTC’s Proposed Noncompete Rule
The FTC’s proposal to ban noncompete clauses is vulnerable to challenge. Kelley Drye’s Antitrust and Competition attorneys (who are also former FTC officials) share their thoughts on the most significant concerns. Read more on the agency’s authority to propose this
FTC Insights: How Employers Can Prepare for a World Without Noncompetes
When the FTC proposes a rule that could regulate nearly every employer in the nation, we take notice. In this second installment of our series on the FTC’s proposed rule to ban noncompete agreements, we provide a pragmatic look at
The FTC’s Efforts to End Non-competes
On January 5, 2023, the Federal Trade Commission announced a sweeping proposal to regulate virtually every labor and service relationship in the United States, and make it more lucrative for people to quit. leave their current jobs by removing the
Ideologically Recalibrated NLRB Restocks Union Organizing Toolbox
An ideologically recalibrated National Labor Relations Board (“NLRB”) implemented an important right for labor unions who seek to organize a bargaining unit comprising less than a full complement of a location’s workers. Whether union organizers face significant opt-out rates among
The Fall of the NDA: Compliance and Litigation Following the Speak Out Act
In a notable victory for the #MeToo movement, President Biden recently signed the “Speak Out Act” into law. It became effective December 7, 2022.
This bipartisan legislation targets and effectively prohibits the use of pre-dispute nondisclosure agreements, which would cover