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2 months ago | 
jdsupra.com | Julia Canzoneri |J. Ian Downes |Nicolle L. Jacoby
Key Takeaways The United States Supreme Court held that employers seeking to prove an employee is exempt from minimum wage and overtime pay provisions of the Fair Labor Standards Act must only satisfy a preponderance of the evidence standard, and not a more onerous clear and convincing evidence standard.
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2 months ago | 
jdsupra.com | Julia Canzoneri |J. Ian Downes |Nicolle L. Jacoby
Key Takeaways On Tuesday, January 21, 2025, President Donald Trump issued an executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order”), which, among other actions, revoked Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity), and eliminated numerous requirements imposed on federal government contractors by the Office of Federal Contract Compliance Programs (“OFCCP”).1 Among other things, the Executive Order...
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Aug 22, 2024 | 
jdsupra.com | Diane Siegel Danoff |J. Ian Downes |Rani Habash
Key Takeaways On August 20, 2024, a federal district court in Texas issued a permanent injunction blocking the Federal Trade Commission’s “Non-Compete Rule,” which would have prohibited nearly all non-compete clauses with workers. The court order applies nationwide and is not limited to the parties in the case.
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Jun 28, 2024 | 
jdsupra.com | Jason Butwick |J. Ian Downes |Thibault Meiers
Navigating the complexities of internal investigations is crucial for maintaining compliance and fostering a safe workplace environment. In this Q&A guide, Dechert’s labor and employment team provides a comprehensive comparison of the practices and legal requirements related to internal investigations in France, the U.S., and UK. 1. Is an internal investigation always required? France: French courts consider it best practice despite there being no statutory requirement to do so.
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May 8, 2024 | 
mondaq.com | Nicolle L. Jacoby |J. Ian Downes |Jeffrey Rubin |Linda Dwoskin
Through two unanimous decisions, the Supreme Court has made it
easier for employees to avoid arbitration due to their status as
"transportation workers" and to challenge job transfers
as discriminatory under Title VII.
The EEOC has published a final rule on the Pregnant Workers
Fairness Act that expands the pregnancy-related medical conditions
that employers must accommodate, including fertility treatments,
lactation, and abortion.
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May 7, 2024 | 
jdsupra.com | Julia Canzoneri |J. Ian Downes |Linda Dwoskin
Key Takeaways Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII. The EEOC has published a final rule on the Pregnant Workers Fairness Act that expands the pregnancy-related medical conditions that employers must accommodate, including fertility treatments, lactation, and abortion.
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May 6, 2024 | 
lexology.com | Nicolle L. Jacoby |J. Ian Downes |Jeffrey Rubin |Linda Dwoskin |Tanya Warnke |Julia Canzoneri
Key TakeawaysThrough two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII. The EEOC has published a final rule on the Pregnant Workers Fairness Act that expands the pregnancy-related medical conditions that employers must accommodate, including fertility treatments, lactation, and abortion.
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Apr 30, 2024 | 
mondaq.com | Nicolle L. Jacoby |Rani Habash |Diane Siegel Danoff |J. Ian Downes
After more than a year of considering tens of thousands of
public comments, the Federal Trade Commission ("FTC") has
voted 3-to-2 to adopt a Final Rule (the "Rule") that
would effectively ban almost all employee non-compete agreements in
the United States. The Rule purports to preempt all state and local
laws that are in conflict.
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Apr 25, 2024 | 
jdsupra.com | Jeffrey Rubin |David Cosgrove |Diane Siegel Danoff |J. Ian Downes
After more than a year of considering tens of thousands of public comments, the Federal Trade Commission (“FTC”) has voted 3-to-2 to adopt a Final Rule (the “Rule”) that would effectively ban almost all employee non-compete agreements in the United States. The Rule purports to preempt all state and local laws that are in conflict.
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Mar 13, 2024 | 
jdsupra.com | J. Ian Downes |Nicolle L. Jacoby |Anthony Kelly
As of today, March 12, 2024, a New York state statute, in certain circumstances, restricts employers “from requesting or requiring that an employee or applicant disclose any . . . means for accessing a personal account through specified electronic communications devices.” The law, Assembly Bill A836 (“A836”), signed by Gov.
