Quick Hits

  • On February 14, 2025, NLRB Acting GC William B. Cowen rescinded memoranda that deemed as violations of the National Labor Relations Act (NLRA) two categories of restrictive covenant agreements with non-supervisory/non-management employees: (1) non-compete agreements in employment contracts and severance agreements and (2) stay-or-pay agreements whereby employees are required to remain employees for

Quick Hits

  • NLRB Acting General Counsel William B. Cowen rescinded numerous memoranda from his predecessor, Jennifer Abruzzo.
  • The rescinded memos included key guidance on various labor issues, such as the employee status of college athletes, remedies, and the legality of noncompete agreements and other restrictive covenants.

In Memorandum GC 25-05, the newly installed acting

Quick Hits

  • New York’s General Obligations Law (GOL) § 5-336 and Civil Practice Law and Rules (“CPLR”) § 5003-B both impose strict requirements on nondisclosure clauses in matters involving discrimination claims, including that the inclusion of such clauses in a settlement agreement be at the plaintiff’s preference.
  • The U.S. District Court for the Eastern District

Quick Hits

  • EO 14173 is raising potential compliance concerns for organizations doing business with the federal government under the FCA, subject to civil and criminal penalties. 
  • Organizations doing business with the federal government now have obligations to certify that they do not operate any programs promoting diversity, equity, and inclusion that violate any applicable federal

Quick Hits

  • Nevada OSHA has introduced a new regulation to protect employees from heat illness, with enforcement starting on April 29, 2025.
  • The heat illness regulation requires Nevada employers with more than ten employees to create a written safety program and conduct a job hazard analysis (JHA).
  • Employers are required to provide training on heat

Quick Hits

  • New York State’s paid prenatal leave law, which went into effect on January 1, 2025, requires that employers provide employees twenty hours of paid leave per year to receive prenatal care.
  • The NYSDOL recently released new guidance in the form of answers to frequently asked questions (FAQs) to assist employers in understanding and

Quick Hits

  • California’s updated guidance adds a new racial/ethnicity category for the 2024 reports—”Middle Eastern or North African” (MENA).
  • The deadline for filing the 2024 California pay reports is May 14, 2025, and the platform opened for new filings on February 3, 2025.
  • California requires covered employers to file payroll employee reports for their own

NLRB: New Acting GC; Former Member Challenges Removal. There is a lot going on at the National Labor Relations Board (NLRB) these days. In fact, the Board may find itself embroiled in a case involving the constitutional powers of the presidency. Again.

  • General Counsel Musical Chairs. President Donald Trump removed Jessica Rutter from her

Quick Hits

  • The Seventh Circuit Court of Appeals ruled that under Delaware law, the forfeiture-for-competition provisions in a company’s restrictive stock unit (RSU) agreements with a former employee were enforceable and not subject to judicial review for reasonableness.
  • To improve the chances of obtaining a remedy against employees breaching their RSU agreements, employers that can