President Biden Issues Challenging Executive Order Seeking to Ban or Limit Non-Competes, Occupational Licensing Requirements, and Wage-Sharing

On July 9, 2021, President Biden signed a wide-ranging Executive Order intended to promote competition in the American economy. The E.O. contains 72 initiatives across the whole of government, several of which have a direct employment impact – specifically on non-compete agreements, occupational licensing requirements, and wage-sharing activities between employers. In a fact sheet, the […]

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D.C. Bans (Almost All) Non-Compete Agreements

The District of Columbia will soon impose what is arguably the most sweeping non-compete ban in the country. With a few limited exceptions, the Ban on Non-Compete Agreements Amendment Act of 2020 (“the Act”) prohibits the use of non-competition agreements across all income levels both during and after employment. Non-Compete Agreements. “Employee” is defined as […]

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NLRB Catches Up To The #MeToo and #BLM Movements

On July 21, 2020, the National Labor Relations Board (the “Board”) issued what it described as “a long overdue” decision eliminating unwarranted protection for employees who engage in obscene, racist, and sexually harassing behavior under the guise of protected concerted activity. Section 7 of the National Labor Relations Act guarantees employees “the right to self-organization, […]

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NLRB Notice of Proposed Rulemaking on Joint Employment- “We Reject Maintaining the Status Quo”

Over the past decade, courts and government agencies (and even some legislatures) have taken an increasingly broad approach to joint employment. Often the broad approach seems designed to provide workers with access to deep pockets when they allegedly suffer a wrong in the workplace rather than reflecting the practicality that a company should not be […]

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Court Finds DOL’s New Persuader Rule “Flawed”

The U.S. District Court in Minnesota ruled, on June 22, 2016, that the Department of Labor’s new interpretation of the advice exemption from the persuader rule is “untenable” and “flawed.”   The Court did not issue an injunction against the new interpretation, which goes into effect July 1, 2016, but that was based on its finding […]

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