By Robert B. Milligan, Katherine Perrelli, Michael Wexler, Kevin Mahoney, Jesse M. Coleman , and Dawn Mertineit  Seyfarth Synopsis: This week, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into non-competes with workers. The Commission found that non-competes tend to negatively affect competitive conditions in labor markets by inhibiting efficient match ..read more

By Ariel D. Fenster, A. Scott Hecker, and Kevin M. Young Seyfarth synopsis: Yesterday, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This development requires attention from virtually all employers. The DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, revises the Fair Labor Standard Act’s overtime exemptions for executive, adminis ..read more

Seyfarth Synopsis: In today’s ever-evolving and interconnected world, trade secret protection demands proactive measures against both technological vulnerabilities and human threats. Join us for the fourth installment of our 2024 Trade Secrets Webinar Series, where our panel of seasoned trade secrets and cybersecurity attorneys will equip you with practical strategies to bolster your defenses. Cost – There is no cost to attend, but registration is required. REGISTER HERE Key topics to be addressed include: The current cybersecurity and data privacy landscape: new threats and opportuniti ..read more

By Brian B. Gillis and Joshua A. Rodine Seyfarth Synopsis: On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for transportation industry workers. The Court held that the work performed, rather than the industry of the employer, determines whether the FAA’s exemption applies. Bissonnette et al. v. Lepage Bakeries Park St., LLC, et al. Facts Neal Bissonnette and Tyler Wojnarowski were franchisees who owned the right to distribute pack ..read more

By Annette Tyman, Matthew J. Gagnon, Brandon L. Dixon, and Taylor Iaculla Seyfarth Synopsis: The United States Supreme Court issued its opinion in one of the most anticipated employment cases of this term. In Muldrow v. City of St. Louis, the Court considered whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in transfer decisions absent a separate showing that the transfer caused a “significant” harm. In its opinion, the Court rejected this heightened harm requirement, which will have profound effects on Title VII litigation, and on the way employers th ..read more

By Yoon-Woo Nam, Danielle Shapiro, Christina Forte Meddin, Camille A. Olson, Karla Grossenbacher, and Lawrence Z. Lorber Seyfarth Synopsis: On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements existing federal anti-discrimination law by requiring covered employers to provide reasonable accommodations to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical condition ..read more

By Ashley S. Jenkins and Kristina M. Launey Seyfarth Synopsis: A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is a service animal. It is a common misconception that service animals are limited to dogs that wear a “guide dog” vest and assist individuals who are blind.   A recent ruling out of a federal trial court in Puerto Rico serves as a reminder that service animals perform different ..read more

Dawn Lurie, Senior Counsel in Seyfarth’s Washington, DC office and member of the firm’s Immigration practice will participate on a panel during the American Staffing Association’s 2024 Staffing Law & Compliance Conference on May 16, 2024 in Washington, DC. The session, titled,  “Top Compliance Issues for Employers and Staffing Firms in 2024,” will address critical compliance concerns for employers and stakeholders in the staffing industry.  Click here to learn more about the conference ..read more

By Matthew J. Gagnon Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those changes garnered plenty of press and speculation from commentators, the courts themselves have been rather slow to address those differences. Almost a decade on, there are still very few cases that interpret those state-level changes as differing in any meaningful way from the federal standards. A recent decision from the Secon ..read more

INTRODUCTION 1. OJT is Commonly Used and Poorly Documented The OSHA regulations governing General Industry and Construction workplaces include hundreds of employee safety training requirements.  Sophisticated safety managers know that many OSHA standards provide specific documentation requirements, such as forklift certifications or lockout-tagout periodic inspections.  Employers often run safety-specific training programs through their safety professionals and keep all required records through their safety department. But almost every workplace utilizes on-the-job training (OJT) fro ..read more