Over the years, I’ve referred to a Magic 8 ball, tea leaves, a crystal ball and more to make predictions in what will happen in the upcoming year. In 2023, I noted that various bills would come up for consideration in the state legislature but that it was unclear whether any could muster enough support
ftc
FTC Proposes Ban on Non-Compete Agreements Between Employers and Employees
Earlier today, my colleague Sarah Niemiroski and I drafted the following alert which has been cross-posted at our firm’s website.
In a move with profound implications for workplaces, the Federal Trade Commission (“FTC”) on Thursday, January 5, 2023, issued a sweeping proposal that would ban all non-compete agreements between employers and employees. While the timing…
The AI You Use May Be The AI You Get Sued Over
A few months ago, I wrote about how artificial intelligence was being introduced in the workplace.
At the ABA Annual Labor & Employment Conference last week, a whole panel discussion was devoted to the legal ramifications of using artificial intelligence — particularly in hiring decisions.
The speakers talked about the EEOC guidance that I…
Noncompete Agreements Now Under Review by FTC
On Friday, July 9, 2021, President Biden issued a sweeping executive order that asked the Federal Trade Commission (“FTC”) to develop new regulations that ban or limit noncompete agreements.
The request has no immediate impact on existing noncompete agreements, but employers should expect new regulations in the coming months.
In the meantime, many questions remain…
Non-Compete Agreements Continue to be Target of Legislation
It’s been a while since I talked about federal employment law legislation — in part because nothing ever seems to pass Congress nowadays. It wasn’t that long ago, that Congress passed the ADA Amendments Act (10+ years). But it feels like a lot longer than that.
So enter Connecticut Senator Chris Murphy. Last Friday,…
Background Check Documentation (Printed and Online) Under Renewed Scrutiny
If you’re like most employers that do background checks, you probably haven’t thought twice about the documentation you use for it.
Perhaps you’ve copied some standard language you’ve found off the Internet (not that there is anything necessarily wrong with that), or maybe you’ve just used a form that has been handed down from one…
Background Checks and the Hiring Process
George Lenard, who runs the popular "Employment Blawg", has an interesting post this week about how current job seekers will have to undergo different scrutiny than perhaps the last time that they engaged in a job search. As George notes, the biggest change is the prevalent use of background checks by employers. George provides some…