Employment Law Blog

New York Adult Survivors Act

January 20, 2023
New York’s Adult Survivors Act[1] (“ASA” or “the Act”) (S.66A/A.648A) became effective on November 24, 2022. The Act provides a one-year lookback window for people to seek civil remedies for sexual abuse they experienced after they turned 18, regardless of what year the abuse occurred. This law adds critical energy to the...

Potential Impact of the FTC’s Proposed Rule to Ban Noncompetes Nationwide

January 19, 2023
The Federal Trade Commission (“FTC”) on January 5, 2023, announced a Proposed Rule which would ban noncompetes nationwide.  I explained the basic components of the Proposed Rule, discussed its scope, and addressed potential challenges to the FTC’s authority to impose such a wide-reaching rule in a blog post published last...

Explaining the FTC’s Proposed Rule to Ban Noncompetes Nationwide

January 12, 2023
The Federal Trade Commission (“FTC”) last Thursday announced a Proposed Rule which would ban noncompetes nationwide. Noncompetes are a widespread and often exploitative practice with which employers limit employees’ ability to ‘compete’ with their former employer during or after employment. Studies have shown that noncompetes...

Gender Issues in the 2022 Workplace

January 3, 2023
This article was originally published in PLI Current: The Journal of PLI Press Since the emergence of the #MeToo movement in October 2017 in the wake of the Harvey Weinstein scandal, the prevalence of sex-based harassment and discrimination in the workplace has gained national attention. The movement has brought long...

Privacy Rights in a Remote Work World: Can My Employer Monitor My Activity?

December 2, 2022
       The rise in remote work has brought with it a rise in employee monitoring.  Between 2019 and 2021, the percentage of employees working primarily from home tripled.  As “productivity paranoia” crept in, employers steadily adopted employee surveillance technologies.  This has raised...

New Non-Compete Restrictions to Take Effect in the District of Columbia in October 2022

September 30, 2022
Many employees in the District of Columbia will soon be protected by the new Non-Compete Ban going into effect in October 2022. The “Ban on Non-Compete Agreements Amendment Act of 2020” (“the 2020 Act”) was signed into law January 11, 2021, and codified March 16, 2021. As originally written, the Ban on Non-Compete Agreements...

State Bans on Non-Disclosure Agreements in the Workplace

August 23, 2022
Workplace discrimination and harassment complaints are often resolved through private settlement agreements that include non-disclosure or non-disparagement provisions. In addition, many employers include such provisions in their standard employment agreements. In recent years, several states have enacted laws designed to...

DC Circuit Lowers the Bar for Establishing Prohibited Discrimination under Title VII

June 6, 2022
Note: Ms. Wheeler co-authored an amicus brief on behalf of MWELA in support of the plaintiff in Chambers v. District of Columbia. On June 3, 2022, the full court of the U.S. Court of Appeals for the District of Columbia held in a 9-3 decision in Chambers v. District of Columbia, that when an employer transfers an employee...

Milestone Agreement to Pay U.S. Women’s National Soccer Team Equally: Implications, and the Equal Pay Act in 2022

May 23, 2022
Last week, the United States Soccer Federation announced that the United States Women’s National Team Players Association and the United States National Soccer Team Players Association have agreed to terms of historic collective bargaining agreements (CBAs) that achieve equal pay between the United States Women’s National Team...

Congress Ends Forced Arbitration of Sexual Assault and Harassment Cases

March 29, 2022
On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The bill adds a new Chapter 4 to the Federal Arbitration Act (FAA), a law passed in 1925 to ensure that courts would enforce arbitration agreements contained in maritime contracts or other contracts “...

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