Employment Law Commentary

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
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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 and Michael Schulman
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
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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
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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
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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
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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
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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 and Olivia J. Wada
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
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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
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January 15, 2022 - Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate
By: Andrew R. Turnbull and Deanne E. Maynard
The Supreme Court has blocked a Biden administration rule relating to COVID-19 vaccine requirements, while allowing another to take effect. The now-blocked rule, issued by the Occupational Safety and Health Administration (OSHA), was a “vaccine or test” mandate: it applied to employers with 100+ workers, and
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November 16, 2021 - Privacy & Data Security, Legislation
New York Enacts Employee Monitoring Notification Law
By: Suhna N Pierce
New York recently joined Connecticut and Delaware as one of a small number of states with statutes that require employers that engage in electronic monitoring of employees to provide prior written notice of the monitoring. On November 8, 2021, the State of New York
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Topic Archives: Legislation

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 and Michael Schulman

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 and Olivia J. Wada

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

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

Supreme Court Nixes OSHA Vaccine-Or-Test Mandate But Okays Healthcare Worker Vaccine Mandate

By: Andrew R. Turnbull and Deanne E. Maynard

New York Enacts Employee Monitoring Notification Law

By: Suhna N Pierce