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On January 5, 2022, the Federal Trade Commission issued a proposed rule that would ban nearly all non-compete clauses in employment agreements – both existing and future. As set forth in the FTC’s accompanying Fact Sheet, non-compete provisions violate the Federal Trade Commission Act, which prohibits “unfair methods of competition […]

The U.S. Court of Appeals for the Fourth Circuit has ruled that gender dysphoria, a medical condition defined in the DSM-5 as “clinically significant distress or impairment related to gender incongruence, which may include desire to change primary and/or secondary sex characteristics[,]” can constitute a disability under the Americans with […]

This month, the D.C. Council passed the Non-Compete Conflict of Interest Clarification Amendment Act of 2021, which narrowed the scope of the very broad ban on non-competition agreements pursuant to the Ban on Non-Compete Agreements Amendment Act of 2020 (which we previously discussed here and here).  In an apparent recognition […]

Many employers require certain of their employees to execute non-competition agreements as a condition of employment at the time of hire.  Similarly, in many business acquisitions, there is an agreement by the seller of a company not to compete with the purchasing business for a period of time.  While courts […]

The Biden Administration has issued a number of COVID-related mandates applicable to employers, including: (1) OSHA’s vax-or-test Emergency Temporary Standard (ETS) for larger employers; (2) OSHA’s ETS for healthcare employers; (3) Executive Order 14042 requiring vaccination of federal contractor employees; and (4) the CMS vaccination mandate for employees of Medicare- […]

OSHA Withdraws the Healthcare ETS. The Healthcare ETS, which was promulgated by the Occupational Safety and Health Administration (“OSHA”) on June 21, 2021, has been largely withdrawn by OSHA.

On November 5, 2021, on the same day that the Occupational Health and Safety Administration issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”), the Centers for Medicare and Medicaid Services (“CMS”) released its Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “CMS Vaccination Rule” or […]

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. […]

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 […]

On September 8, 2020, U.S. District Court Judge Gregory Woods of the Southern District of New York, issued a Memorandum Opinion and Order vacating various portions of the Department of Labor’s (“DOL”) Final Rule regarding the definition of joint employment under the Fair Labor Standards Act (“FLSA”).  Judge Woods found […]