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Publications
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05.02.2024Washington State Tightens Noncompete RestrictionsUpdatesBeginning June 6, 2024, Washington businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law.
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04.24.2024FTC Bans Employee Noncompete Agreements; Challenges UnderwayUpdatesOn April 23, 2024, the U.S. Federal Trade Commission voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). In this Update, we cover the details of the FTC’s Final Rule, what changed from the Proposed Rule, guidance to employers wondering what they should do now, and what might come next.
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01.22.2024Valentine’s Day Marks Compliance Deadline for California Noncompete Notification RequirementUpdatesAB 1076 went into effect on January 1, 2024, and codifies existing case law by making it expressly unlawful for employers to utilize any noncompete agreement with employees that does not satisfy an exception to Section 16600.
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01.18.2024Update: 2023 California Labor, Employment, and Independent Contractor Legislative UpdatePodcastsWith the 2023 California legislative year closed, we are ready to summarize the new legislation that will affect businesses operating in the state and highlight related action items.
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01.16.2024 (UPDATED 1.18.2024)Five Questions Companies Are Asking About DOL's New Independent Contractor RuleUpdatesThe U.S. Department of Labor published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act to determine whether a worker is an employee or independent contractor.
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10.20.20232023 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills.
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10.16.2023Update: DOL Issues Guidance on PUMP Act for Nursing WorkersPodcasts
The U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2023-2 to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), passed in 2022.
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08.21.2023Update: NLRB General Counsel Opines Noncompete Agreements May Violate the National Labor Relations ActPodcastsThe National Labor Relations Board (NLRB or the Board) General Counsel Jennifer A. Abruzzo recently issued a memorandum, opining that noncompete agreements contained in employment agreements and severance agreements violate the National Labor Relations Act (NLRA) except in limited circumstances.
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07.10.2023DOL Issues Guidance on PUMP Act for Nursing WorkersUpdatesThe U.S. Department of Labor issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which was passed last year.
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06.06.2023NLRB General Counsel Opines Noncompete Agreements May Violate the National Labor Relations ActUpdatesThe National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum on May 30, 2023, opining that noncompete agreements contained in employment agreements and severance agreements violate the National Labor Relations Act except in limited circumstances.
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03.27.2023FTC Announces Proposed Ban on Noncompete AgreementsPodcastsThe Federal Trade Commission (FTC) recently announced its proposal of a new rule that would ban employers from imposing noncompete agreements on their workers and invalidate existing noncompetes currently in effect.
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01.09.2023FTC Announces Proposed Ban on Noncompete AgreementsUpdatesThe Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement.
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04.06.2022New Law Restricts Washington Employers From Using Nondisclosure and Nondisparagement AgreementsUpdatesWashington Governor Jay Inslee signed into law the Silenced No More Act (Engrossed Substitute House Bill 1795) on March 24, 2022.
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11.01.2021Frequently Asked Questions on Religious Objections to Employer COVID-19 Vaccine MandatesUpdatesOn October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine mandates.
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09.01.2021COVID-19 Vaccine Questions AnsweredUpdatesWith the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses.
Presentations
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06.06.20232023 Annual Labor & Employment Law Workshop (Virtual)Speaking EngagementsWebinarThis year’s agenda includes presentations on the Federal Trade Commission’s controversial proposed ban on noncompete agreements and a panel presentation featuring noteworthy speakers addressing workplace violence.
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06.06.2023FTC's Proposed Ban on Noncompete AgreementsSpeaking Engagements
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03.24.2021Covid-19 Vaccination Planning for Employers and Other Employment Law UpdatesSpeaking EngagementsRIMS Spokane / Webinar
Wage & Hour Developments
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On July 11, 2023, in Thai v. International Business Machines Corp. (IBM), a three-justice panel of the California First District Appellate Court overturned a trial court’s dismissal of a claim by an employee that the employer violated California law when it failed to reimburse employees for work-from-home expenses during the COVID-19 pandemic. Plaintiff and a...
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Ninth Circuit Says Time Spent in Airport Security Lines Is Not Compensable Work Time
In an unpublished opinion, the Ninth Circuit held that an employer is not required to pay employees for time spent undergoing government-required security checks enforced by a governmental body to access the worksite. Plaintiff Jesus Cazares claimed his employer, Host International, Inc, a major airport lounge and restaurant operator, violated California’s Labor Code and unfair...
