Karli Lubin Talmo

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As we previously reported, here, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior executives and noncompetes made in connection with the bona fide sale of a business.… Continue Reading

The Federal Trade Commission (FTC) voted yesterday to issue a final rule that will prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior executives and noncompetes made in connection with the bona fide sale of a business. Employers must review existing and prospective employment agreements and revise them to comply with the new rule, which, unless enjoined by a court, will go into effect 120 days after publication in the Federal Register, expected in the coming days.… Continue Reading

The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a merger may have on labor markets.

Companies will need to consider the impact of potential mergers on labor markets.… Continue Reading

Two labor organizations, SEIU Healthcare Pennsylvania (SEIU) and the Strategic Organizing Center (SOC), have lodged a public complaint with the Department of Justice (DOJ) alleging that the University of Pittsburgh Medical Center (UPMC) has wrongfully exercised its power as the largest private sector employer in Pennsylvania to “suppress workers’ wages and benefits, drastically increase their workloads, and prevent workers from exiting or improving these working conditions through a draconian system of mobility restrictions and widespread labor law violations that lock in sub-competitive pay and working conditions.”  … Continue Reading

In January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and significantly expanded employer obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN”).  In the midst of the COVID-19 pandemic, however, the State delayed the amendments’ effective date until 90 days after the termination of the Governor’s Declaration of a State of Emergency related to COVID-19. … Continue Reading

On October 27, 2022, VDA OC, LLC, (VDA) a Nevada health care staffing company, pleaded guilty to participating in a conspiracy to suppress and eliminate competition for the services of school nurses.  According to the plea, VDA and an unnamed competitor agreed not to recruit or hire each other’s nurses and to refrain from raising wages of the nurses.… Continue Reading

The Employer Shared Responsibility Provisions (commonly known as the “employer mandate”) under the Affordable Care Act (ACA) require covered large employers to pay an assessment under the Internal Revenue Code if they fail to offer health coverage to their full-time employees that meets certain standards. Those standards include a requirement that the coverage be affordable for full-time employees.… Continue Reading

On June 30, the Third Circuit ruled that Allegheny Port Authority’s (Port Authority) policy prohibiting political and social adornments on employee uniforms is likely unconstitutional.

In April 2020, Port Authority began requiring its uniformed employees to wear masks at work. When some employees wore masks bearing political or social-protest messages, Port Authority prohibited such masks out of concern they would disrupt the workplace.… Continue Reading

On June 23, 2022, the 50th anniversary of Title IX, the U.S. Department of Education released its proposed changes to Title IX regulations, which codify protections for LGBTQ+ students from discrimination based on sexual orientation, gender identity, and sex characteristics. The regulations aim to restore protections for students against all forms of sex-based harassment, ensure prompt and effective action, and eliminate the requirements of a live hearing and cross-examination.… Continue Reading