As we previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future. Since then, the Final Rule has been subject to legal challenges … Continue Reading
In January 2023, the U.S. Federal Trade Commission (FTC) proposed a sweeping rule that, with limited exceptions (such as for highly compensated executives or in connection with the sale of a business), would prohibit employers from entering into post-employment non-competition arrangements with workers. (See our post here.) Under the proposed rule, an agreement between an … Continue Reading
In a long-anticipated move that dramatically alters the employment landscape, the Federal Trade Commission (“FTC”) issued its final Non-Compete Clause Rule (“final rule”) effectively banning employee non-compete agreements throughout the United States. After receiving over 26,000 public comments, the FTC determined that the use of non-compete agreements with workers constitutes an “unfair method of competition” … Continue Reading
The I-9 employment verification process is taking a giant step into the 21st Century making onboarding remote hires a wee bit easier for many U.S. employers. This new alternative process will take effect on August 1, 2023, in conjunction with the implementation of a new version of the I-9, Employment Eligibility Verification form. Form I-9 … Continue Reading
On 1 May, the Italian government’s Council of Ministers approved a new “Labour Decree” that will make significant changes to current employment law provisions. The final text of the Decree has not yet been published in the Official Gazette, but below is a summary of the main provisions that will affect employers based on the … Continue Reading
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare … Continue Reading
Against the background of industrial unrest in other sectors, the social partners of Joint Committee 200 –the Committee representing the largest number of employees in the country, more than 480.000 in total – have quietly come to an agreement on employment and working conditions. The most important provisions of the agreement are summarized within this … Continue Reading
Back in June Acas produced a report on the “fire and re-hire” practices used by some employers to make detrimental changes to employees’ terms and conditions of employment. In essence, the employee is given notice of dismissal from his old contract but offered immediate reinstatement on a new one which incorporates the changes the employer wanted … Continue Reading
After at least 34 lawsuits were filed nationwide seeking to permanently stay or rule unconstitutional the Emergency Temporary Standard (ETS) announced by the U.S. Occupational Safety and Health Administration (OSHA), which would have required that employers with 100 or more employees ensure their workers are fully vaccinated or test at least weekly for COVID-19, OSHA … Continue Reading
Here are a couple more answers to questions coming up at our webinar last week: Do we still need to comply with collective consultation where we are not dismissing, only making contractual changes? Our policy currently removes COVID-related absences from our Bradford factor sickness calculations – should we do the same for adverse reactions to … Continue Reading
State legislatures have been busy in 2021 passing new employment-related laws. Here we look at some of the highlights of new laws in Connecticut, Illinois, Ohio, New York, Pennsylvania, and Washington, D.C. Connecticut is the latest state to prohibit discrimination based upon traits historically associated with race, including hair texture, protective hairstyles such as wigs … Continue Reading
On Monday, March 15, 2021, the Ninth Circuit Court of Appeals reversed, in part, a district court’s order denying a federal Equal Pay Act (“EPA”) claim filed by a former University of Oregon tenured psychology professor who claimed she was paid significantly less than her male colleagues. The decision serves as a reminder to employers … Continue Reading
Here is another question which came up more than once at last week’s webinar on Managing Working Parents but which I was unable to get to at the time. If you receive a flexible working application now, can you “park” it until things settle down and you have a clearer picture of what your post-pandemic … Continue Reading
The National Labor Relations Board continues to clarify and update employers’ obligations in key areas. As discussed below, one recent decision clarifies when employers may enter into arbitration agreements that require employees to keep the proceedings confidential. Another recent decision rescinded a rule issued by the Obama-era NLRB and clarified, for employers who are negotiating … Continue Reading
The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale. In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading
There is a law in Poland guaranteeing minimum pay for work. There are rules how its amount is calculated and agreed. There are also upcoming elections in October 2019 which may unexpectedly influence its amount.… Continue Reading
Illinois Restricts Use of Artificial Intelligence in Hiring On May 29, 2019, the Illinois Legislature unanimously passed the Artificial Intelligence Video Interview Act, which, not surprisingly, addresses how employers use artificial intelligence to analyze job applicant video interviews to determine the applicant’s fitness for the position. Under the new law (assuming it is signed by … Continue Reading
Uber, Lyft, Airbnb, Postmates, DoorDash. All are companies participating in what has been labeled the “gig economy,” where tasks are performed by workers on a short-term or freelance basis rather than through long-term or permanent employment. As more people participate in this new, mostly smartphone application or Internet-based work model, litigation has followed centering on … Continue Reading
The National Labor Relations Board (NLRB or Board) issued two groundbreaking decisions on December 14, which will give both union and non-union employers significantly more flexibility to manage their operations. Earlier this week, the Board also signaled that it will revise the “quickie” election rules implemented in 2015 in the near future. These developments will … Continue Reading
Oregon is the first state to mandate that the state’s largest employers in the retail industry, as well as in the hospitality and food service industries – those with more than 500 workers – provide employees with their schedules, in writing, at least a week ahead of time. They’ll also have to give workers a … Continue Reading
As we have reported to you in the past, workplace conduct policies have become a hotbed of trouble due to the NLRB’s recent focus on their potential for chilling union activity. In one such recent action, the NLRB attacked several employee handbook policies of employer T-Mobile USA, Inc./MetroPCS Communications, Inc. (MetroPCS is an affiliate of … Continue Reading
“We want to ensure that when used, covenants are justified, well-constructed, targeted and reasonable. There needs to be a balance which ensures the employer can protect its business interests when staff move on and the worker is not unfairly disadvantaged when they (SIC) decide to leave or start up their own business“. So says the … Continue Reading
The Department of Labor (DOL) has announced a Proposed Rule [pdf] to implement Executive Order 13706, Establishing Paid Sick Leave for federal contractors. As we previously reported, under that Order, beginning January 1, 2017 federal contractors and subcontractors must grant each employee working under covered contracts (or covered subcontracts) one hour of paid sick leave … Continue Reading
Nearly two years after Waffle House Inc. employee Carrie Harris filed an unfair labor practices charge, the Georgia-based breakfast chain was unable to butter up the National Labor Relations Board (NLRB). Harris’ complaint alleged that Waffle House’s arbitration agreement that employees were required to execute as a condition of their employment violated the National Labor … Continue Reading
