The DOJ’s “No-Poach” Agreements: Navigating Implications to the Year Ahead and Beyond

2021-08-17T04:38:16-04:00

Regulatory uptakes on anti-competitive restrictions in labor markets is expected to ramp up with the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) in the lead. Recently, the DOJ filed Statement of Interest on several pending cases to provide courts with significant guidance on the analysis of “no-poach” agreements and clarified that alleged cases of “no-poach” agreements do not automatically warrant per se review.

The Dangers of Employee Misclassification: An Employer’s Guide to Avoid the Risk

2021-05-19T03:25:11-04:00

Issues concerning employee misclassification continue to grow, as employers often misunderstand the legal distinctions between employees and independent contractors.   While many employers are tempted to hire and classify their workers as independent contractors, they often fail to appreciate both the legal requirements necessary to accomplish this, and the disastrous financial outcomes that can result from their mistake.  It is essential that employers understand and follow the complex and often confusing rules issued by state and federal agencies as well as the U.S. courts. 

COVID-19: Immediate Issues Facing Employers

2021-05-05T03:19:18-04:00

The COVID-19 virus has posed unprecedented challenges for employers of all sizes. Agencies at the federal, state, and local levels are issuing a stream of guidance and orders that are updated on a daily basis. Relatedly, employers are trying to familiarize themselves with the obligations imposed and benefits conferred by a barrage of new legislation.

Employment Class Actions: The 2020 Landscape Explored

2021-05-05T10:55:52-04:00

Class actions alleging labor law violations continue to hound employers throughout the country. As the volume of these cases increases, new court rulings also continue to emerge and reshape the litigation landscape. Anticipated court rulings which employers should follow in 2020 include Retirement Plans Committee Of IBM v. Jander, et al., Intel Corp. Investment Policy Committee v. Sulyma, et al., and Thole, et al. v. U.S. Bank, N.A.

Trends and Developments on Independent Contractors Classification: A Practical Guide

2021-04-30T05:34:43-04:00

Classifying whether a worker is an independent contractor or an employee is crucial for businesses. However, although most employers try to do it right, many of them still misunderstand the legal distinctions between the two. This typically results in worker misclassification, making employers at risk of enforcement actions and financial penalties.

401(k) Fee Disclosure Rules: Demystifying Trends, Developments, and Best Practices

2021-04-12T04:53:20-04:00

The Department of Labor Regulations on disclosure of 401(k) plan fees and expenses are designed to provide transparency to participants in a user-friendly format, allowing for an apples-to-apples comparison of fees and expenses under a plan’s investment options that impact participant account balances, and a look under the hood on plan administration costs charged to participant accounts.  But greater disclosure can lead to greater scrutiny, and an essential duty for plan sponsors is monitoring fees and expenses that could reduce participant account balances, and timely addressing excesses.

ADA Litigation: Trends, Developments, and Challenges to Watch Out For

2021-09-01T04:12:15-04:00

The past years have seen changing tides on the Americans with Disability Act (ADA) litigation landscape. The number of lawsuits filed in federal courts, which chiefly stemmed from alleged violations on websites and mobile application accessibility, has continuously increased. As regulatory developments and court decisions are yet to unfold, the ADA litigation landscape remains uncertain. Thus, businesses and their counsel must keep themselves in the know of any emerging update in this field of law. They must also revisit their practices to ensure ADA compliance and dodge potential lawsuits.

What’s New for Non-Compete Law: Trends, Developments, and Critical Issues Explored

2021-03-23T01:02:50-04:00

The ever-changing landscape of non-compete law continues to give rise to significant developments that companies need to be aware of. Recently, several new state laws have been adopted to limit non-compete agreements’ enforceability, thus, further complicating matters for employers. At the federal level, the Freedom to Compete Act has been introduced in the Senate to prohibit non-compete pacts for minimum wage earners. Moreover, with a pandemic in the backdrop, many other issues have also emerged.

A Practical Guide to Employee Arbitration Agreements: What You Need to Know

2021-03-31T11:53:36-04:00

Over the past years, employee arbitration agreements have been helpful in preventing employment-related lawsuits. If properly executed, arbitration clauses provide several benefits to both employers and employees. These benefits include the resolution of claims away from the public, the ability to select the arbitrator, and the faster process by which conflicts are resolved. Arbitration of claims is also significant in redirecting employment-related cases from overburdened courts.

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