About the Program: With states and local jurisdictions continuously updating employment laws, the landscape of handbook policy requirements is in constant flux. Employers face the ongoing challenge of keeping up with these changes.
Seyfarth’s Handbook & Policy Team is at the forefront of addressing these challenges. Join us for this webinar, where we’ll walk you through the most
Continue Reading Best Practices for Multi-State Employee Handbooks: The 2025 Playbook
By Marc Fosse
Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning noncompete agreements (the “Rule”), as well as enforcement of the Rule. However, legislatures and agencies at the federal and state level continue
Continue Reading Noncompete Agreements – Employer Options and Strategies to Reduce Risks
By Jesse M. Coleman, Michael Wexler, and Robert Terzoli
Seyfarth Synopsis: An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements.
The decision is yet another attack on non-competes in line with the NLRB General Counsel’s May 30, 2023 memo
Continue Reading NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?
By Michael D. Berkheimer and Jennifer L. Mora
Seyfarth Synopsis: On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper Bright means for National Labor Relations Board (NLRB) decisions, however, is not fully clear because – as
Continue Reading Are Bright Times Ahead for Employers at the NLRB?
By Ryan M. Gilchrist and Meghan A. Douris
Seyfarth Synopsis: On June 28th, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, 603 U.S. __ (2024), overturning Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984), which, for the past 40 years, had afforded federal administrative agencies deference
Continue Reading The End of Chevron Creates Uncertainty for the AbilityOne Program
By John Phillips and Ken Dolin
Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful conduct away from the bargaining table, (2) not even one of the employer’s proposals being unlawful in and of itself
Continue Reading When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless Constitutes Bad-Faith Bargaining
By Rachel V. See and Annette Tyman
Seyfarth Synopsis: The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working on a “broader value-based document” that contains “principles and best practices” for both employers using AI
Continue Reading Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence
Seyfarth Synopsis: It should come as no surprise to readers of our blog that restrictive covenants are facing significant headwinds.
The last decade or so has seen significant limitations on such agreements—mainly non-competes, but also other restrictive covenants such as customer and employee non-solicits and even non-disclosure agreements. These limitations—or proposed limitations—have come in
Continue Reading Is Maine the Next Frontier in the Effort to Ban Non-Competes?
Seyfarth Synopsis: By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year, and 2024 promises to be one for the history books.
Notably, AI has taken the commentariat, if not actual
Continue Reading Now Available! 2024 Commercial Litigation Outlook