By Matthew J. Gagnon Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just beginning to grasp the wide-ranging impact that decision will have on the American workplace. The reasoning of this decision: that to treat an employee differently because of the sex of the person they are married to, for example, is necessarily the same as treating that person differently because of their sex, i ..read more

By Shamim Mohandessi and Michael A. Herbst Seyfarth Synopsis: Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or injunctive relief.  The rule would render unenforceable a broad array of employment-based non-competition agreements.  It would also require that employers provide notice to workers that certain non-competition agreements already entered into will not be and cannot be enforced.  Not surprisingl ..read more

By Jesse M. Coleman, Daniel P. Hart, and Eron Reid On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule. As anticipated, the Noncompete Rule was immediately met by legal challenges from business intere ..read more

By Stanley Jutkowitz and Susan Ryan  Seyfarth Synopsis: Cannabis would move to Schedule III from Schedule I under this reclassification. In a move long awaited by the cannabis industry, the Drug Enforcement Administration (DEA) has decided to re-schedule cannabis. Currently classified under Schedule I, along with heroin, cannabis would now move to Schedule III, along with ketamine and anabolic steroids. This would not legalize cannabis for adult-use; rules and regulations would still apply, and there would be criminal prosecution of those who deal in cannabis without a lice ..read more

By Puya Partow-Navid The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is committed to leveraging AI’s benefits across society while ensuring that these technologies do not compromise the integrity of legal processes. The guidance clarifies that existing USPTO rules and regulations fully apply to AI-assisted activities. It serves as a reminder of the importance of human oversight and the need for attorn ..read more

Topics covered will include: Regulating employee political speech/conduct inside and outside of work Religious accommodations in the workplace in light of recent Supreme Court rulings. Texas’ new Workplace Violence Prevention Act Speakers Sachin Bhandari, Vice President, Employee Relations & Occupational Health Associate General Counsel – Labor & Employment, Memorial Hermann Health System Daniel Birnbaum, Associate, Seyfarth Shaw LLP Valentina Dassey, Associate Attorney, Baylor College of Medicine  Sam Schwartz-Fenwick, Partner, Seyfarth Shaw LLP Darien Harris, Associate ..read more

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