Employment Law Commentary

June 26, 2023 - Legislation, Announcements
SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs
By: Andrew R. Turnbull, Carrie H. Cohen and Michael Schulman
As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended affirmative action for college admissions by effectively overruling the Court’s longstanding
... ›
June 23, 2023 - Non-Compete, Legislation
New York State Slated to Join Post-Employment Non-Compete Ban Bandwagon
By: Michael Schulman and Kwan Park
New York State is expected to join the growing number of states that significantly limit or prohibit non-compete agreements. On June 20, 2023, the New York State legislature passed S3100A , a bill broadly prohibiting post-employment non-compete restrictions. S3100A is expected to be signed
... ›
May 25, 2023 - Legislation, Non-Compete
Minnesota Passes Near Total Ban of Non-Compete Agreements
By: Andrew R. Turnbull and David F. Papas
On May 16, 2023, the Minnesota legislature passed SF 3035 (the “Bill”), banning nearly all post-termination non-compete agreements with employees and independent contractors. Although the Bill marks another state in the trend of jurisdictions passing laws limiting the use of employee non-competes, the Bill goes
... ›
March 29, 2023 - Legislation
Are Workplace Diversity Programs in Jeopardy if the Supreme Court Ends Affirmative Action in College Admissions?
By: Andrew R. Turnbull, Carrie H. Cohen, Michael Schulman and Melissa M. Harclerode
With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI) and affirmative action programs. Although a Court decision ending or
... ›
February 16, 2023 - Legislation
Ninth Circuit Reverses Itself and Strikes Down California Law Targeting Mandatory Employment Arbitration Agreements
By: David P. Zins and Allyson D. Bach
In a reversal of its prior ruling, the Ninth Circuit recently held that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), a 2019 measure that aimed to bar employers from entering into new agreements—or extending previous ones—requiring job applicants or
... ›
October 06, 2022 - European Union, Legislation
New Requirements for Employment Agreements in Europe
By: Hanno Timner, Christin Dunkel, Oliver Spratt and Lara M. King
Following the enactment of the Directive on Transparent and Predictable Working Conditions (the “ Directive ”), EU Member States have had to implement into their national laws additional information obligations on employers. The deadline for the transposition of the Directive into national law was
... ›
October 03, 2022 - Pay Equity, Legislation
California Adds to the Trend of States Requiring Greater Pay Transparency
By: Andrew R. Turnbull and Sadé V. Tidwell
On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to disclose their pay ranges in job postings. Starting in 2023, S.B. 1162 adds several
... ›
July 21, 2022 - Legislation, Non-Compete, Trade Secrets
D.C. Council Waters Down Non-Compete Ban While Keeping Some Significant Limitations
By: Andrew R. Turnbull and Eric Gebert
On July 12, 2022, the D.C. Council amended the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Amendment”), walking back from an earlier version of the bill that, as previously discussed, contemplated a nearly total ban for employee non-competes. The Amendment, however, places significant limits
... ›
February 15, 2022 - Workplace Misconduct, Legislation
Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual Harassment and Assault Claims
By: Andrew R. Turnbull
On Thursday, February 10, 2022, the United States Senate passed H.R. 4445 , which will amend the Federal Arbitration Act (FAA) to ban all pre-dispute arbitration agreements and class and collective action waivers covering sexual harassment and sexual assault claims. President Biden has already
... ›
January 24, 2022 - Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On Friday afternoon, the U.S. District Court for the Southern District of Georgia, which had earlier issued a nationwide preliminary injunction of Executive Order 14042, against Executive Order 14042’s vaccine mandate, made clear that the injunction applies only to the vaccine mandate and not to
... ›

Topic Archives: Legislation

SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs

By: Andrew R. Turnbull, Carrie H. Cohen and Michael Schulman

New York State Slated to Join Post-Employment Non-Compete Ban Bandwagon

By: Michael Schulman and Kwan Park

Minnesota Passes Near Total Ban of Non-Compete Agreements

By: Andrew R. Turnbull and David F. Papas

Are Workplace Diversity Programs in Jeopardy if the Supreme Court Ends Affirmative Action in College Admissions?

By: Andrew R. Turnbull, Carrie H. Cohen, Michael Schulman and Melissa M. Harclerode

Ninth Circuit Reverses Itself and Strikes Down California Law Targeting Mandatory Employment Arbitration Agreements

By: David P. Zins and Allyson D. Bach

New Requirements for Employment Agreements in Europe

By: Hanno Timner, Christin Dunkel, Oliver Spratt and Lara M. King

California Adds to the Trend of States Requiring Greater Pay Transparency

By: Andrew R. Turnbull and Sadé V. Tidwell

D.C. Council Waters Down Non-Compete Ban While Keeping Some Significant Limitations

By: Andrew R. Turnbull and Eric Gebert

Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual Harassment and Assault Claims

By: Andrew R. Turnbull

Double-Take: Nationwide Preliminary Injunction of EO 14042 Limited to “Vaccine Mandate” Only

By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez