In two highly publicized administrative actions, the Federal Trade Commission and the National Labor Relations Board have sought to end, or at least significantly curtail, the use of noncompete agreements, and standard non disparagement and confidentiality provisions in severance agreements, respectively. Both actions will be challenged, thus creating a limbo period for employers as the … Read more

Before COVID-19 and the recent layoffs at Twitter Inc., the Worker Adjustment and Retraining Notification, or WARN, Act maintained a low profile; the act did not garner significant media attention, and cases alleging violations of the act were limited and largely routine. An explanation for this, at least in part, is that the WARN Act … Read more

Since the onset of the pandemic, our global employment team has been monitoring the level and changing nature of risks around the world.  Whilst some trends have accelerated i.e. whistleblowing regulations, there are some new and important developments that pose significant employment risks. We have mapped these across the major financial centers using an interactive … Read more

In time with the political pendulum of the National Labor Relations Board (“NLRB”), the NLRB is poised to revisit the legality of many standard work rules in employee handbooks. In January, the NLRB advised it was considering revising its approach to analyzing the legality of work rules in the case Stericycle Inc., 371 NLRB No. … Read more

This post is an update to our November 16, 2021 article titled “US: Federal Vaccine-or-Test Mandate Hits the Lottery System”. Having been chosen by lottery to decide on the legality of OSHA’s vaccine-or-test mandate, including whether to uphold the Fifth Circuit’s stay of the mandate, a 2-1 majority of the Sixth Circuit decided on Friday December … Read more

A week after the Occupational Safety and Health Administration (OSHA) issued its long-awaited vaccine-or-test requirements, a panel of the Fifth Circuit Court of Appeals affirmed its stay of the November 5, 2021 OSHA mandate.  The panel found the federal mandate – which came in the form of a rare emergency temporary standard (ETS) and covers … Read more

In July, amendments to New York City’s Fair Chance Act took effect. They impose additional restrictions on how and when employers may request, review and use criminal background check information for hiring and employment decisions. Many of these restrictions are either in direct or indirect conflict with regulations that require financial institution employers to conduct … Read more

Radical upheavals in working life are taking hold at a global level as remote and hybrid working leave lasting changes across industries in the wake of the Covid-19 pandemic. In response, employers are more inclined to advocate about geopolitical and social issues, use technology to manage and monitor the new ways of working, and adopt … Read more