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On January 5, 2023, the U.S. Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“ NPRM”), seeking comments on a proposed rule that would effectively ban the use of non-compete agreements, nationwide. In a typical non-compete agreement, employees agree not to work for a...
New protections from discrimination are set to become a reality in Pennsylvania. On December 8, 2022, Pennsylvania’s Independent Regulatory Review Commission approved a proposed regulation from the Pennsylvania Human Relations Commission (PHRC) amending the definitions of sex, religious creed, and...
On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The National College Players Association filed the ULP in February 2022 against...
Last week was a busy one for the National Labor Relations Board (NLRB). The agency came out with four significant decisions that either expanded or protected employee rights on issues such as monetary remedies, the right to organize, and the right to protest. Below, we briefly summarize the...
Demystifying International & Interstate Discovery Bill Baton, Vice Chair of the firm's Intellectual Property Practice , will moderate a panel presented by The United States District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey. This...
Background Weeks of phone and text banks, TV and radio advertisements, thousands of door-to-door campaigners, as well as strong pro-labor lobbying resulted in the recent passage of the Illinois Workers’ Rights Amendment. On November 8, 2022, the Workers’ Rights Amendment (also known as Section 25 of...
On December 7, 2022, President Biden signed into law the Speak Out Act (the “Act”), which prevents courts from enforcing certain non-disclosure and non-disparagement clauses related to claims of sexual assault or harassment. The Act, which was originally sponsored by Senator Kirsten Gillibrand in...
As always, the new year also brings many new employment laws for California employers. Except as indicated below, they become effective January 1, 2023. The following is a summary of state laws only. Employers need to remember that local jurisdictions frequently have higher requirements that must be...
On November 29, 2022, the Superior Court of New Jersey, Appellate Division issued an opinion in Zuluga v. Altice USA stating a former employee must arbitrate her sexual harassment claims that arose in October 2021. In doing so, the appellate panel recognized that the Ending Forced Arbitration of...
On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, agreeing to review, “whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it...