Employment Law Commentary

March 14, 2024 - Non-Compete, Legislation, PAGA
Non-Compete Q1 2024 Round Up - FTC, California, and New York
By: Eric Akira Tate and Cooper J. Spinelli
While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret them, could be one of the most significant developments in
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February 26, 2024 - Discrimination, Legislation
Supreme Court Reverses Second Circuit in Favor of Whistleblower Plaintiff, Holding That SOX Plaintiffs Need Not Prove Retaliatory Intent
By: Eric Akira Tate and Cooper J. Spinelli
Earlier this month, the Supreme Court unanimously reversed the Second Circuit’s decision in Murray v. UBS and resolved a circuit split in favor of employees, holding that although intent is an element of a Sarbanes-Oxley (“SOX”) whistleblower case, a SOX plaintiff does not have
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January 19, 2024 - PAGA, Legislation
Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds
The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority regarding whether claims brought under the Private Attorneys General Act (PAGA) may be stricken where there is no manageable way
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December 18, 2023 - Legislation
Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, and More
By: Eric Akira Tate and Cooper J. Spinelli
Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from the SEC to the U.S. Supreme Court, courts and regulators
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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
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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
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May 25, 2023 - Legislation, Non-Compete
Minnesota Passes Near Total Ban of Non-Compete Agreements
By: Andrew R. Turnbull
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, 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
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February 16, 2023 - Legislation
Ninth Circuit Reverses Itself and Strikes Down California Law Targeting Mandatory Employment Arbitration Agreements
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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Topic Archives: Legislation

Non-Compete Q1 2024 Round Up - FTC, California, and New York

By: Eric Akira Tate and Cooper J. Spinelli

Supreme Court Reverses Second Circuit in Favor of Whistleblower Plaintiff, Holding That SOX Plaintiffs Need Not Prove Retaliatory Intent

By: Eric Akira Tate and Cooper J. Spinelli

Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds

Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, and More

By: Eric Akira Tate and Cooper J. Spinelli

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

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

New Requirements for Employment Agreements in Europe

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