1. The year 2023 was significant for trade secret and non-compete law, full of enforcement actions and rulemaking on the federal level and legislation in the states. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Katherine Rigby, A. Millie Warner, and Erik W. Weibust present their lineup for the “top 10” trade secret and non-compete developments of 2023.

    Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law.

    We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

    Other Highlights

    New York Governor: “Balance” Is Needed on Non-Compete Bill
    Trade Secrets & Employee Mobility
    Erik W. Weibust, David J. Clark
    tradesecretsandemployeemobility.com/new-york-governor-balance-is-needed-on-noncompete-bill

    Nondisclosure Agreements Get Trickier Under New SEC Scrutiny
    The Wall Street Journal
    Gregory Keating quoted
    ebglaw.com/insights/news/greg-keating-quoted-in-nondisclosure-agreements-get-trickier-under-new-sec-scrutiny

    Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants
    Trade Secrets & Employee Mobility
    Erik W. Weibust, Erin E. Schaefer
    tradesecretsandemployeemobility.com/preemption-questions-continue-as-ftc-and-nlrb-fight-restrictive-covenants

    Halting Harassment®: Online Training
    Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/

    # vimeo.com/893828162 Uploaded 3 Views 0 Comments
  2. This week, we’re getting up close and personal with the U.S. Department of Labor (DOL) and the contentious new rules that it is rushing to put into effect.

    The DOL’s New Rules and Rising Challenges

    The DOL is racing ahead with its agenda, with several rules that could change the landscape for employers, such as new workplace inspection policies and requirements for determining fiduciary status.

    Epstein Becker Green attorney Paul DeCamp tells us more about the recent pushback against the DOL and recounts his testimony to the U.S. House Subcommittee on Workforce Protections regarding the DOL’s proposed overtime rule. Watch Paul’s testimony: ebglaw.com/insights/events/paul-decamp-testifies-before-congress-to-present-employer-perspective-on-dols-proposed-overtime-rule

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

    Other Highlights

    DOJ Seeks to Dismiss Its Last Pending No-Poach Criminal Action
    Trade Secrets & Employee Mobility
    David J. Clark
    tradesecretsandemployeemobility.com/doj-seeks-to-dismiss-its-last-pending-no-poach-criminal-action

    Fifth Circuit Applies Its New Broader Title VII Standard in Bias Case
    Workforce Bulletin
    Greta Ravitsky, Tammy Tran
    workforcebulletin.com/fifth-circuit-applies-its-new-broader-title-vii-standard-in-bias-case

    Massachusetts Federal Judge Rules That Protected Activity Does Not Shield an Employee from the Consequences of Engaging in Misconduct
    Workforce Bulletin
    Gregory Keating, Ashley Krezmien
    workforcebulletin.com/massachusetts-federal-judge-rules-that-protected-activity-does-not-shield-an-employee-from-the-consequences-of-engaging-in-misconduct

    You Better Watch Out: The OAG Is Stepping Up Enforcement of D.C.’s Non-Compete Ban
    Trade Secrets & Employee Mobility
    Nathaniel M. Glasser; Frank C. Morris, Jr.; Eric I. Emanuelson Jr.; Jessica Hajdukiewicz
    tradesecretsandemployeemobility.com/you-better-watch-out-the-oag-is-stepping-up-enforcement-of-d-c-s-non-compete-ban

    New York to Extend Window for Filing Administrative Complaints of Unlawful Discrimination
    Workforce Bulletin
    Elizabeth Houghton LaGreca, Jessica Giambrone Palmese, Tammy Tran, Kamil Gajda
    workforcebulletin.com/new-york-to-extend-window-for-filing-administrative-complaints-of-unlawful-discrimination

    Halting Harassment®: Online Training
    Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

    # vimeo.com/891601571 Uploaded 5 Views 0 Comments
  3. This week, we’re elaborating on the National Labor Relations Board’s (NLRB’s) controversial joint-employer rule.

    Navigating the NLRB’s New Joint-Employer Rule

    The joint-employer rule published by the NLRB on October 26 expanded the definition of the rule in ways that will likely have a major impact on the workplace. However, a recent postponement means that the rule will not take effect until February 26, 2024.

    Epstein Becker Green attorneys Steven M. Swirsky and Erin E. Schaefer tell us the implications this rule may have for employers and how a flurry of legal challenges could result in further delays. Learn more: workforcebulletin.com/answering-a-major-question-no-one-asked-nlrb-issues-final-rule-on-joint-employer-status

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

    Other Highlights

    Overlooked Risks for Employers Using AI Tools
    Bloomberg Law
    Theodora McCormick, Nathaniel M. Glasser, Alexandra Nienaber
    ebglaw.com/insights/publications/overlooked-risks-for-employers-using-ai-tools

    Dealing with Controversial Commentary? Some Guidance and Guardrails for Employers
    Insight
    ebglaw.com/insights/publications/dealing-with-controversial-commentary-some-guidance-and-guardrails-for-employers

    New York State Bans Workplace “Captive Audience” Meetings
    Management Memo
    Steven M. Swirsky; Eric I. Emanuelson, Jr.; Erin E. Schaefer
    managementmemo.com/new-york-state-bans-workplace-captive-audience-meetings

    Small City, Big Ideas: Predictive Scheduling Comes to Evanston, IL with New Pay Mandates
    Workforce Bulletin
    Kathleen A. Barrett, Daniel R. Simandl, Ridhi D. Madia
    workforcebulletin.com/small-city-big-ideas-predictive-scheduling-comes-to-evanston-il-with-new-pay-mandates

    First Circuit Rules in Favor of Private School in Teacher’s ADA Suit
    Workforce Bulletin
    Gregory Keating, Alicia Maziarz
    workforcebulletin.com/first-circuit-rules-in-favor-of-private-school-in-teachers-ada-suit

    Halting Harassment®: Online Training
    Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

    # vimeo.com/886988362 Uploaded 1 Views 0 Comments
  4. Restrictive covenants, such as non-compete and non-solicitation agreements, are regulated differently worldwide. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Susan Gross Sholinsky, and A. Millie Warner take a trip around the world with Andrew Lilley, Head of Employment Law at Deloitte Legal, to highlight some of these unique distinctions and discuss how global employers can navigate these differences.

    Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law.

    We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    Other Highlights

    New York Employers: Important Legislative Updates from Albany
    Workforce Bulletin
    Nancy Gunzenhauser Popper, Susan Gross Sholinsky
    workforcebulletin.com/new-york-employers-important-legislative-updates-from-albany

    Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing
    Management Memo
    Donald S. Krueger
    managementmemo.com/federal-government-continues-initiatives-to-limit-employer-opposition-to-union-organizing

    California Top Court Weighs How to Split Big Labor Law Cases
    Bloomberg Law Daily Report
    Kevin Sullivan quoted
    ebglaw.com/insights/news/kevin-sullivan-quoted-in-california-top-court-weighs-how-to-split-big-labor-law-cases

    Halting Harassment®: Online Training
    Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

    # vimeo.com/884529351 Uploaded 2 Views 0 Comments
  5. This week, we’re detailing the National Labor Relations Board’s (NLRB’s) expanded “joint employer” definition, the recent confirmations of the Equal Employment Opportunity Commission’s (EEOC’s) General Counsel and the Department of Labor’s (DOL’s) Wage and Hour Administrator, and President Biden’s executive order on artificial intelligence (AI).

    NLRB Expands Definition of “Joint Employer"

    The NLRB recently published its long-awaited final rule, setting a new test for determining joint-employer status. Effective December 26, 2023, any business that has control or potential control over the “essential terms and conditions of employment” of another employer’s employees can be found to be a joint employer of that other employer’s employees, regardless of whether the control is direct or indirect or whether such ability to control is ever exercised. Learn more: ebglaw.com/insights/news/steve-swirsky-quoted-in-whos-most-affected-by-nlrbs-joint-employer-final-rule

    Senate Confirms Heads of EEOC and WHD

    The Senate has confirmed Karla Gilbride as the General Counsel of the EEOC and Jessica Looman as Wage and Hour Administrator for the DOL.

    President Biden Signs Executive Order on AI

    President Biden signed an executive order last Monday to regulate the potential risks associated with the use of AI, including its use in employment.

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

    Other Highlights

    Immediate Action Required: Make the Swift Switch to the New Form I-9
    Workforce Bulletin
    Rainét N. Spence, Jungmin Choi, Susan Gross Sholinsky
    workforcebulletin.com/immediate-action-required-make-the-swift-switch-to-the-new-form-i-9

    Colorado Releases Proposed Updates to Equal Pay Act Regulations
    Workforce Bulletin
    Susan Gross Sholinsky, Eric I. Emanuelson Jr., Naomi C. Friedman
    workforcebulletin.com/colorado-releases-proposed-updates-to-equal-pay-act-regulations

    What’s New on the Wage and Hour Front?
    The Practical Lawyer
    Paul DeCamp
    ebglaw.com/insights/publications/whats-new-on-the-wage-and-hour-front

    Handling Religious Objections to Abortion-Related Job Duties
    Law360 (subscription required)
    Jennifer Stefanick Barna; Susan Gross Sholinsky; Frank C. Morris, Jr.
    ebglaw.com/insights/publications/handling-religious-objections-to-abortion-related-job-duties

    Halting Harassment®: Online Training
    Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

    # vimeo.com/882174850 Uploaded 2 Views 0 Comments

Employment Law This Week®

Epstein Becker Green

Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at http://www.ebglaw.com/employment-law-this-week/

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