On November 13, 2024, the National Labor Relations Board issued a decision that overturned a ruling previously in effect for 76 years, Babcock & Wilcox Co., 77 NLRB 577 (1948), in which the Board had held employers were allowed to conduct “captive-audience
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Key Reminders For Employers During EEO-1 Data Collection Season
In July 2024, the Equal Employment Opportunity Commission (“EEOC”) filed suit against Cotti Foods Corporation after it allegedly failed to file EEO-1 reports between 2021-2023, despite repeated notice. Last month, the parties entered into a consent decree under which Cotti
Unlawful “Stay-or-Pay” Provisions and Non-Competes – Whether the Employee Stays or Goes, the NLRB’s General Counsel Says It May Be Trouble.
On Monday, October 7, 2024, the General Counsel of the National Labor Relations Board (NLRB) published Memorandum GC 25-01, continuing the NLRB’s years-long effort of targeting employment agreements viewed as restricting employee mobility. General Counsel Abruzzo’s previous May 2023 memorandum
Update – FTC’s Noncompete Ban Blocked By Federal Judge
A federal judge on Tuesday blocked the FTC’s controversial ban on noncompete agreements. The judge’s ruling ends months of speculation and prevents the FTC’s near-total ban on noncompete agreements from taking effect as planned on September 4.
Tuesday’s ruling came
DOL Continues to Expand Oversight Over Employers with Artificial Intelligence Guidance
On April 29, 2024, in response to an Executive Order issued by President Biden last October, the Office of Federal Contract Compliance Programs (“OFCCP”) of the U.S. Department of Labor issued guidance to federal contractors on the use of
Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks
Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor Relations Act.
Severance AgreementsIn June 2024, the
Texas Court Blocks FTC’s Non-Compete Rule
On Wednesday, July 3, 2024, a federal judge in Texas blocked the Federal Trade Commission’s rule that seeks an almost complete ban of non-compete agreements. In her ruling, Judge Ada Brown of the United States District Court for the Northern
EEOC Continues Its Focus on Construction Employers with New Anti-Harassment Guidance Directed Specifically at the Industry
The Equal Employment Opportunity Commission’s (“EEOC”) focus on harassment in the workplace – and construction employers specifically – is no secret. The EEOC’s Strategic Enforcement Plan (“SEP”) for 2024-2028 specifically mentions construction as an industry where barriers in recruitment and
FTC Rule Bans Non-Compete Agreements Nationwide
On Tuesday, the Federal Trade Commission (“FTC”) issued its long-awaited final rule regarding non-compete agreements. The FTC determined that non-compete agreements are an unfair method of competition and, therefore, a violation of the FTC Act. Once the rule is effective,
EEOC Issues Final Pregnant Workers Fairness Act Regulations
The Equal Employment Opportunity Commission (“EEOC”) has finalized its regulations for the Pregnant Workers Fairness Act (“PWFA”), which went into effect last summer. After issuing a Notice of Proposed Rulemaking in August 2023, summarized here, and a notice and