Published: June 14, 2019

Maryland recently joined the growing number of states to enact laws that restrict the use of noncompete agreements for low wage employees with the passage of Senate Bill 328. A noncompete agreement is a contract executed between an employee and employer that typically states the employee is prohibited from working for a direct or indirect competitor of the company for a certain period of time, or within a certain geographic area, after the termination of employment.

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Published: June 7, 2019

Last week, the Illinois legislature passed a landmark bill authorizing recreational marijuana. Shortly thereafter, Governor J.B. Pritzker tweeted that he looks forward to signing the bill into law. The bill, formally known as the Cannabis Regulation and Tax Act (the "Act"), will make it legal under state law for adults 21 and older to purchase and possess limited amounts of cannabis, beginning on January 1, 2020.

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Published: June 4, 2019

The U.S. Supreme Court recently issued a decision limiting the time in which employers can raise certain defenses to claims brought under Title VII. 

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Published: May 29, 2019

WHAT HAPPENED:

Earlier this month the U.S. Court of Appeals for the DC Circuit released an important decision that articulates the substantive burden an employer faces to defend against an allegation of disparate treatment discrimination. The case, Figueroa v. Pompeo, articulates a more stringent view of an employer’s burden in litigation than many courts have applied, and highlights the importance of detailed fact collection, preservation and  record keeping to avoid liability. No. 1:16-cv-649 (D.C. Cir. May 10, 2019).

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Published: May 28, 2019

Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel (“OGC”) of the National Labor Relations Board (“NLRB”).  Acknowledging the virtually unfettered control Uber drivers’ have over their cars, work schedules, and log-in locations, as well as their freedom to work for Uber’s competitors, the OGC determined that such autonomy provides the drivers with significant entrepreneurial opportunity, making them independent contractors. 

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