Posts
July 24 2024
Client Alert: Pennsylvania Court Denies Preliminary Injunction of FTC Noncompete Rule
Less than two weeks after a Texas federal court declined to issue a nationwide preliminary injunction enjoining the Federal Trade Commission (“FTC”) rule banning most employee noncompetition agreements (the “Noncompete Rule”) from going into effect, except as to the plaintiff in that case, a Pennsylvania federal court refused to enjoin the Noncompete rule from going into effect.
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July 18 2024
Client Alert: California Supreme Court Eliminates “Two Strike” Rule For Employment Contract Unconscionability
In a watershed ruling for employers across the state, this week the California Supreme Court threw out the long-standing presumption against arbitration if an employment agreement contains multiple unconscionable terms. The Court rejected the often-applied “two strike” rule that employees need to establish only two unconscionable terms to escape a contractual obligation to arbitrate.
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July 11 2024
Client Alert: Pennsylvania Court May Enjoin FTC Noncompete Rule Nation-Wide After Texas Decision
As predicted, a Texas federal court issued a preliminary injunction preventing a Federal Trade Commission (“Commission” or “FTC”) rule banning most employee noncompetition agreements (the “Noncompete Rule”), from going into effect. However, the preliminary injunction applies only to the plaintiffs before that court. The court has promised a ruling on the merits by August 30, 2024, six days before the Noncompete Rule is scheduled to go into effect on September 4, 2024.
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June 14 2024
Client Alert: California’s Workplace Violence Prevention Plan
Beginning July 1, 2024, covered California employers must establish, implement, and maintain a written Workplace Violence Prevention Plan (“WVPP”) either as part of their Injury and Illness Prevention Plan, or maintained as a separate document.
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June 07 2024
Client Alert: Upcoming New York Primary Election Imposes Obligations on Employers
With New York’s upcoming primary election on June 25, 2024 (“Election Day”), employers face obligations regarding employee voting rights. Employers must post the New York Time Off to Vote Notice (“Notice”), which can be found here, by no later than June 15, 2024. The Notice should be posted in a location where it can be seen as employees come or go in the workplace.
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June 06 2024
Client Alert – Reminder: NYC Workers’ Bill of Rights Notice Must Be Distributed to Employees Beginning July 1, 2024
As previously reported in January and March, New York City employers will soon need to post and distribute to their employees a “Know Your Rights at Work” notice. As the July 1, 2024 deadline is fast approaching, New York City employers should take steps to ensure that they are prepared to timely post and distribute the Notice. Failure to do so may expose employers to costly fines.
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May 20 2024
Client Alert: Supreme Court Mandates Stays Over Dismissal in Arbitration-Linked Cases
The Supreme Court unanimously ruled that the Federal Arbitration Act (“FAA”) requires courts to stay, not dismiss, lawsuits subject to arbitration. In doing so, the Supreme Court resolved a split amongst lower courts.
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April 30 2024
Client Alert: EEOC Releases Finalized Guidance on Workplace Harassment
On April 29, 2024, the US Equal Employment Opportunity Commission (“EEOC”) issued guidance detailing its position on federal workplace harassment laws, providing an in-depth analysis of the structure and standards of workplace harassment. The guidance provides employers with a glimpse into the information the EEOC will consider when investigating a claim of workplace harassment.
Click here to read the alert.