Tag Archives: labor and employment law

Noncompete Issues to Watch in 2019

As the year progresses, legal questions and cases regarding noncompete law should prove interesting. In recent years, the trend has been toward limiting noncompete agreements in favor of allowing employee mobility. This year promises challenges on both sides of the issue. Here are a few that we’re watching, as reported by Law360. Anti-Poaching Litigation The […]

Employers Win in Supreme Court Mandatory Arbitration Decision

As we noted in a previous post, the Supreme Court has been considering three cases that challenged mandatory arbitration in employment contracts. At odds were the Federal Arbitration Act (FAA), which provides that an agreement to arbitrate a dispute is enforceable and irrevocable, and the National Labor Relations Act (NLRA), which states that employees have […]

The Future of Wage and Hour Laws Still Undecided Under Trump

As the Trump administration ends its first year in office, several wage and hour laws enacted by the Obama administration have yet to be addressed. At the American Bar Association’s 11th Annual Labor and Employment Law conference last month, a panel of attorneys discussed these issues, including the definition of joint employer and the salary […]

NLRB General Counsel Expected to Reverse Many Obama Policies

With the confirmation of Peter Robb as general counsel to the National Labor Relations Board (NLRB), the Trump administration took another step away from Obama-era labor policies. Robb replaces Richard Griffin, who had a reputation for being pro-labor, in the board position that functionally serves as chief executive officer, despite the title. As the NLRB’s […]

Department of Labor Rolls Back Joint Employment Guidance

Earlier this month, U.S. Department of Labor (DOL) Secretary Alex Acosta announced that the agency is withdrawing two guidance letters calling for tighter standards for determining joint employment. The first letter, issued in 2015, sought to restrain the misclassification of employees as independent contractors. The second, issued in 2016, called for greater scrutiny of situations […]