On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to reshape how employers approach employment agreements.

Continue Reading Scope and Impact of the FTC’s Non-Compete Rule for Employers

In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This decision will increase the type of job actions for which employers can be sued and will lead to greater risk for employers in making challenging employment decisions.

Continue Reading Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job Transfer

For healthcare provider companies, a critical question about the FTC’s decision is whether it applies to nonprofit entities. I recently analyzed the impact on the healthcare industry of the vote by the Federal Trade Commission (FTC) to move forward with a final rule banning non-compete agreements for an article in Modern Healthcare.

Continue Reading FTC’s New Ban on Non-Compete Agreements and Potential Impact on Nonprofit Healthcare Companies

The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional workers becoming eligible for overtime pay. 

Continue Reading DOL Announces Final Overtime Rule Increasing Salary Threshold

The U.S. Department of Labor issued final regulations on April 23, expanding the definition of “fiduciary” under ERISA. The final regulations alter the definition of “investment advice fiduciary” for purposes of Title I and Title II of ERISA to impose fiduciary duties on individuals or entities that make compensated recommendations related to the use of retirement assets to participants, beneficiaries and owners of qualified retirement plans and IRAs.

Continue Reading BREAKING: DOL Expands Definition of Fiduciary under ERISA

The Background

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000 public comments on its Notice of Proposed Rulemaking, the EEOC issued its final rule and interpretive guidance to implement the PWFA on April 15, 2024 (Final Rule).

Continue Reading Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act

Join us on May 14 for a deep dive into top legal trends that general counsel should prioritize as they continue to navigate 2024’s evolving regulatory landscape related to labor and employment issues and developments. Our presenters will discuss various topics, including challenges related to DEI initiatives and disclosures and the SEC’s focus on separation and severance agreements. They will also revisit the FTC’s non-compete ban and provide relevant updates.

Continue Reading Register Now | Key Considerations for General Counsel Webinar

The Federal Trade Commission (FTC) has announced that on April 23 it will vote on publishing and then adopting a finalized new rule that will prohibit employers from enforcing non-competes against workers. Under the originally proposed rule, non-compete agreements that bar any worker from accepting competing employment or starting a competing business would be prohibited with some exceptions for a limited category of transactions.

Continue Reading Register Now | The FTC’s Non-Compete Ban: What Employers Need to Know Webinar

As mentioned in our recent blog post, the recently filed class action lawsuit against Johnson & Johnson (Lewandowski v. Johnson & Johnson et. al., D.N.J., No. 1:24-cv-00671 (Feb. 5, 2024)) over alleged excessive prescription drug costs takes a new approach with respect to familiar claims of breach of fiduciary duty for failure to monitor plan costs. Instead of targeting retirement plan fiduciaries, who have been a common target of excessive fee litigation over the last several years, the Lewandowski plaintiffs take aim at the actions of welfare plan fiduciaries.

Continue Reading Welfare Plan Class Action Litigation Underscores Importance of Minding Your Fiduciary Duties