Published: December 28, 2017

In a November 17 memorandum, Attorney General Sessions prohibited DOJ agencies from using “guidance” documents to circumvent rulemaking. A DOJ Task Force charged with identifying existing regulations and guidance for repeal, replacement or modification, updated its list in a press release issued on December 21, 2017.

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Published: December 21, 2017

On November 27, 2017, Pennsylvania became the next state to join the national trend to limit the use of restrictive covenants when a bill was introduced in the Pennsylvania House that would ban non-competition covenants in employment agreements.

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Published: December 15, 2017

On Thursday, the National Labor Relations Board continued its roll-back of Obama-era initiatives when it issued two landmark decisions just days before Chairman Miscimarra’s term expires on December 16. The first decision, Boeing, established a new standard for evaluating whether facially neutral workplace policies violate the National Labor Relations Act. The second decision, Hy-Brand, overruled the Browning-Ferris standard governing joint-employer liability. Both decisions come as welcome news to employers.

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Published: December 13, 2017

In keeping with the national trend limiting the use of restrictive covenants, in November 2017, the New Jersey Senate introduced SB3518, a bill setting forth sweeping restrictions that would limit the enforceability of non-competes. The bill states that restrictive covenants “impede the development of business in the State by driving skilled workers” out of New Jersey, “discourage innovation and production, impose special hardships on employees . . .

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Published: November 29, 2017

On November 16, 2017, Judge Cathy Bissoon in the Western District of Pennsylvania awarded $55,000 in damages to a gay employee who experienced discrimination and harassment based on his sexual orientation. See EEOC v. Scott Medical Health Center, 2:16-cv-00225 (W.D. Pa. Nov. 17, 2017). The case, which was brought by the EEOC, was one of the agency’s first two lawsuits alleging sexual orientation discrimination. (The other suit, EEOC v. Pallet Companies, d/b/a IFCO, 1:16-cv-00595 (D.

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