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Rule Abandoned, Crackdown Continues: The Federal Trade Commission’s New Non-compete Strategy

We’ve been updating on developments involving the Federal Trade Commission’s (FTC) proposed rule banning nearly all employee non-competition agreements since it was first announced in January 2023 (see here), thereafter enjoined on a limited basis by a Texas federal court in July 2024 (see here), and then enjoined on a nationwide basis in August 2024 … Continue Reading

With the NLRB Unable To Decide Cases, States Move to Fill the Void (US)

Squire Patton Boggs Summer Associate Akshey Mulpuri discusses legislative developments in several states attempting to address the current incapacity of the National Labor Relations Board due to lack of a quorum. Since January 27, 2025, when National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox was removed from that position, the NLRB – the … Continue Reading

Florida’s Employer-Friendly “CHOICE” Act Establishes New Protections for Garden Leave and Noncompete Agreements (US)

Squire Patton Boggs Summer Associate Daniel Doherty details how new legislation in Florida will impact employers’ use of garden leave and noncompete agreements in the Sunshine State. On April 24, 2025, Florida lawmakers passed business-friendly legislation that impacts Florida’s regulation of noncompete and garden leave agreements and expands employer enforcement power for such agreements. The … Continue Reading

The Department of Labor Adopts Self-Correction for Common Retirement Plan Fiduciary Breaches

In a timely blog post on our firm’s Pensions and Benefits blog, Squire Patton Boggs’ Stacey Grundman and Joseph Yonadi, Jr. of our Tax Strategy & Benefits practice discussed recent changes to the Department of Labor’s Voluntary Fiduciary Correction Program. The changes added a Self-Correction Component for fiduciary failures and finalized an amendment to an … Continue Reading

Federal Court Vacates U.S. Department of Labor Rule Increasing Salary Threshold for White Collar Exempt Employees (US)

Employers fearing rising labor costs can rest a little easier now after a Texas federal court struck down the U.S. Department of Labor’s (“DOL”) final rule (the “2024 Rule”), which, in July 2024, increased the minimum salary employers are required to pay employees under the executive, administrative, and professional (“EAP”), or “white collar,” exemptions to … Continue Reading

Mental Health Parity and Addiction Equity Act Final Rules (“Final Rules”) Are Released: Plans and Issuers Must Prepare for January 1, 2025 Effective Date (US)

Members of our Labor & Employment practice and Healthcare industry group discuss the long-awaited Final Rules amending the Mental Health Parity and Addiction Equity Act (“MHPAEA”) that were released on September 9, 2024. The full post is available on our sister blog, Triage Health Law.… Continue Reading

“Captive Audience” Meetings Banned By New California Law (US)

California’s legislative landscape is set to shift dramatically with the recent passage of the California Worker Freedom from Employer Intimidation Act, Senate Bill 399. Set to take effect on January 1, 2025, this new law promises to reshape the dynamics of employer-employee communications, particularly in matters related to politics and labor unions.… Continue Reading

US Labor & Employment Webinar Series

Join us for our October US Labor & Employment Webinar Series where we will highlight some of the key issues employers are facing today and explore where the employment law landscape is headed. Approval for CLE and HRCI credit is anticipated for all three events. Continue reading this post for more detail on the events … Continue Reading

Four year series of fixed-term contracts doesn’t automatically result in permanent employment (UK).

So you employ an individual on a series of fixed term contracts and after four years they seek a declaration that they should have been given a permanent employee job doing basically the same thing. Does that sound fair? Well, in Lobo v University College London Hospitals NHS Foundation Trust, the Employment Appeal Tribunal said, … Continue Reading

Religious Relief: Eighth Circuit Decides Employees’ Failure-to-Accommodate Claims Can be Heard Under Minnesota Law (US)

Squire Patton Boggs’ Summer Associate Sam Triplett discusses a recent federal appeals court decision addressing the scope of Minnesota’s employment discrimination statute. Competing Beliefs The tensions between science and religion started long before the COVID-19 pandemic. Just ask Galileo. However, the pandemic brought this struggle to the forefront, especially in the workplace. At a time … Continue Reading

The New Jersey Law Against Discrimination: New Guidance Clarifies How State Anti-Discrimination Protections Apply to Remote Workers (US)

Squire Patton Boggs’ Summer Associate Luis Ayala Gutierrez discusses recent guidance relating to the application of New Jersey’s employment discrimination law to remote workers. Although the pandemic is (mercifully) mostly behind us, many employers who implemented remote work arrangements as a pandemic measure have retained hybrid in-office/remote or fully remote workforce arrangements, providing employees with … Continue Reading

Labour and Employment Technology Week: Spotlight on Global Edge Lite

Do you need to understand the essential provisions of global employment laws? Introducing Global Edge Lite (GE Lite), the compact version of our award-winning subscription-based tool, Global Edge. Covering up to 30 key jurisdictions, GE Lite is entirely free-to-use and allows you to access commercial and pragmatic information on some of the issues we most … Continue Reading

Labour and Employment Technology Week: Spotlight on Global Edge – Helping Businesses Save Time and Reduce Costs

Global Edge, our award-winning product developed exclusively by our global network of leading employment lawyers, gives instant access to the latest employment law developments. The tool provides clear, reliable, up-to-date answers on key employment law topics around the world, and maps out future legislative change. It is one of a suite of products and services … Continue Reading

Labour and Employment Technology Week: Spotlight on Global HR Audit – Updated for 2024!

Innovation is at our core. We are attuned to the fast-paced changes taking place around the world and are constantly looking to provide cost-efficient solutions. We continually seek to innovate to support and make effective use of technology to help deliver a consistent and streamlined service when managing complex multijurisdictional mandates. Over the years, our … Continue Reading

Texas Tells Employers No COVID-19 Vaccine Mandates Permitted (US)

Squire Patton Boggs’ Legal Intern Amber Bouie addresses new legislation impacting Texas employers. COVID-19 vaccinations have been the subject of workplace chatter since the vaccines became widely available in late 2020. At first, some states barred government employers from requiring employees receive vaccinations as a condition of continued employment, leaving private sector policies up to … Continue Reading

Federal Court Strikes Down NLRB’s Expansive Joint Employer Rule (US)

In a decision providing significant relief for employers, a federal court in Texas struck down the National Labor Relations Board’s (NLRB) 2023 joint employer rule.[i] Being designated a joint employer by the NLRB can have far-reaching consequences for a business, including potential obligations to negotiate with unions representing workers not directly employed by the business … Continue Reading

Apple v. Rivos: Lessons for Companies Facing Claims of Trade Secret Theft (US)

Your General Counsel receives a “cease and desist” letter from a competitor, alleging that the company’s new hire from that competitor has taken trade secrets and accusing the company of misappropriation. Your company has no need for those trade secrets and wants to compete fairly. What steps can be taken to forestall litigation? A recent … Continue Reading

Why You May Have to Comply with California’s New Noncompete – With a February 14 Deadline

Not surprisingly, California is once again passing employment laws that impact companies beyond the state. Specifically, the Golden State is continuing its war against noncompete clauses to conform to case law stating that such clauses are void for any employee working in California — even if the employment contract containing the noncompete was signed in … Continue Reading

Supreme Court of California Holds Trial Courts Lack Inherent Authority to Dismiss Unmanageable PAGA Claims

In Estrada v. Royalty Carpet Mills, Inc., No. S274340, 2024 WL 188863 (Cal. Jan. 18, 2024), the Supreme Court of California resolved a split among the Courts of Appeal regarding whether trial courts possess inherent authority to dismiss California Labor Code Private Attorneys General Act (“PAGA”) claims based on their lack of manageability and held … Continue Reading

Amendments to California Anti-Retaliation Laws Facilitate Employee Lawsuits

Soon it will be easier for California employees to establish a prima facie claim of retaliation in violation of California law. On October 8, 2023, Governor Gavin Newsom signed Senate Bill No. 497 into law. Also referred to as the Equal Pay and Anti-Retaliation Protection Act, the legislation amends California Labor Code Sections 98.6, 1102.5 and … Continue Reading

The trouble with the reluctant complainant (UK)

It has been annual review season here at Squire Patton Boggs.  Looking back over my efforts this year in the usual endeavour to justify my own existence, I have spotted the same scenario cropping up with unusual frequency.  An employee tells their employer that they have experienced something at work that they are not too … Continue Reading

WEBINAR October 18 – Global Workforce Compliance: Navigating Changes in US I-9 and UK Right to Work Rules

Join Gregory Wald and Annabel Mace for an insightful and comprehensive webinar reviewing recent changes and trends in US I-9 and UK right to work rules and regulations on Wednesday, October 18, from 8:30 – 9:45 a.m. PDT / 4:30 – 5:45 p.m. BST. This webinar brings together legal experts in immigration and employment verification … Continue Reading
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