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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-billNondisclosure 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-scrutinyPreemption 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-covenantsHalting 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/ -
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 HighlightsDOJ 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-actionFifth 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-caseMassachusetts 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-misconductYou 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-banNew 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-discriminationHalting 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.
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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 HighlightsOverlooked 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-toolsDealing with Controversial Commentary? Some Guidance and Guardrails for Employers
Insight
ebglaw.com/insights/publications/dealing-with-controversial-commentary-some-guidance-and-guardrails-for-employersNew 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-meetingsSmall 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-mandatesFirst 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-suitHalting 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.
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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-albanyFederal 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-organizingCalifornia 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-casesHalting 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.
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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 HighlightsImmediate 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-9Colorado 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-regulationsWhat’s New on the Wage and Hour Front?
The Practical Lawyer
Paul DeCamp
ebglaw.com/insights/publications/whats-new-on-the-wage-and-hour-frontHandling 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-dutiesHalting 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.
Employment Law This Week®
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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