More Employment Coverage

Expert Analysis

• FTC's Noncompete Proposal Is Based On Misrepresentations

  

  In recently announcing a proposal to ban virtually all employee noncompetes, the Federal Trade Commission made numerous misrepresentations about their use and effects, and the agency's limited enforcement powers do not give it license to mandate such a rule, say Erik Weibust and Stuart Gerson at Epstein Becker.

• How Cos. Can Prep For Enforcement Of Calif. Privacy Laws

  

  With the California Privacy Rights Act and the California Consumer Privacy Act newly in effect, covered businesses must now provide employees with the full scope of rights under these laws, and prepare adequate compliance plans with regard to the new set of requirements that will apply to employees and job applicants, says Kendall Fisher-Wu at Hanson Bridgett.

• Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

  

  The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

• How NJ Employers Should Plan For State WARN Act Overhaul

  

  Almost three years after they were signed into law, the amendments to New Jersey's WARN Act will finally take effect in April, so Garden State employers should be mindful of the significant changes that make this arguably the most arduous WARN statute in the U.S. and the dramatically different landscape they will face going forward, say attorneys at Duane Morris.

• Action Steps For Gov't Contractors On The OFCCP Audit List

  

  Federal contractors and subcontractors on the list of firms flagged for a 2023 audit by the Office of Federal Contract Compliance Programs should inform their point of contact to watch for an advance audit notice, but shouldn't wait to identify potential indicators of discrimination and otherwise begin preparations, say Andrew Turnbull and Sadé Tidwell at MoFo.

• How FTC's Noncompete Proposal May Affect Gov't Contracts

  

  The Federal Trade Commission’s recently proposed ban on most noncompete agreements would have drastic consequences for procurements in the government contracting sector by prohibiting routine agreements that help ensure the availability of key personnel and the confidentiality of sensitive information, say attorneys at Maynard Cooper.

• FTC Noncompete Ban May Face Intensified Judicial Hurdle

  

  The Federal Trade Commission projects that 30 million workers could be freed from noncompetes under the agency's proposed ban, but first the rule could face a judicial obstacle under the U.S. Supreme Court's recently promulgated "major questions doctrine," says Kendall Coffey at Coffey Burlington.

• 6 Antitrust Compliance Tips For Employers From MLB Probe

  

  Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

• Keys To A 9-0 High Court Win: Get Back To Home Base

  

  When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

• FTC Proposal Jumps The Gun On Banning Noncompetes

  

  The Federal Trade Commission's proposed rule to ban noncompete employment agreements nationwide exceeds both the evidence of harm to workers and the commission's rulemaking authority, forcing an open economic debate to a premature conclusion, say Daniel Gilman and Brian Albrecht at the International Center for Law & Economics.

• Proposed Immigration Fee Increases May Have A Silver Lining

  

  The recent proposal to increase immigration filing fees may help U.S. Citizenship and Immigration Services improve efficiency, and even the 2,050% increase in the cost of registering for the H1-B lottery may have an upside, say Rebecca Bernhard and Mike Sevilla at Dorsey & Whitney.

• Atty-Client Privilege Arguments Give Justices A Moving Target

  

  Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

• 2nd Circ. Ruling Is A Cautionary Tale On Arbitration Motions

  

  The Second Circuit's recent Zachman v. Hudson Valley Federal Credit Union pro-arbitration decision does not gel with U.S. Supreme Court precedent, and to avoid giving out second chances on motions to compel arbitration, plaintiffs attorneys should ensure all of the defendant's evidence has been produced, says Raphael Janove at Pollock Cohen.