The Bottom Line California already has among the strictest limitations in the United States on the use of employee restrictive covenants agreements. Specifically, California Business and Professions Code Section 16600 voids “every contract by which anyone is restrained from engaging in a Continue Reading
Preparing for 2024: Top 12 Ways to Protect Your Firm
Leaders of public relations and marketing communications firms work at the intersection of many dynamic areas in order to make their firms thrive. How can firms prepare for the year ahead? Davis+Gilbert recommends a dozen key action items — ranging from topics as diverse as navigating the Continue Reading
New York State Department of Labor Releases Updated Model Sexual Harassment Prevention Policy and Training Guidance
The Bottom Line The New York State Department of Labor (NYSDOL) recently released its updated model sexual harassment prevention policy and training materials (including a script and slide deck, which can be found here). Having a legally compliant policy and conducting annual Continue Reading
New Jersey WARN Amendments Broaden Employer Obligations
The Bottom Line Amendments to the NJ Mini-WARN Law create broader employer coverage, new definitions of “mass layoff” and “establishment,” and notice and severance requirements.New Jersey employers implementing layoffs should consult with counsel to determine whether the NJ Mini-WARN Law applies Continue Reading
NLRB Finds Confidentiality and Non-Disparagement Clauses in Severance Agreement Unlawful
The Bottom Line The National Labor Relations Board has ruled that inclusion of confidentiality and non-disparagement provisions in separation agreements is unlawful.Employers should consult with counsel on how to update their agreements in light of this decision.It is unclear whether inclusion of Continue Reading
The FTC’s Sweeping Proposal to Ban Non-Competes
The Bottom Line In the three weeks since the proposed rule was released, the FTC has received over 5,600 comments, and many more are expected from interested individuals, companies, industry groups and trade associations.Until the final rule, if any, is implemented, companies should continue to Continue Reading
For Compete’s Sake! Delaware Court Declines to Enforce Sale-of-Business Restrictive Covenants
The Bottom Line “Courts disfavor restrictive covenants.” This statement has become axiomatic in employment law, and it has never been truer. In the past several years, judges in various jurisdictions have cast an increasingly critical eye on agreements that purport to restrict employees’ Continue Reading
Employee Benefit Considerations When Making Workforce Modifications
The Bottom Line Employers should work closely with ERISA counsel to ensure that employee benefit plans (e.g., non-qualified deferred compensation plans, health and welfare plans, and 401(k) plans) are being administered correctly as they make changes to their workforce.Employers should work with Continue Reading
New Federal Law Limits Enforceability of Predispute Nondisclosure and Nondisparagement Clauses Related to Sexual Harassment
Bottom Line The federal Speak Out Act limits the enforceability of predispute nondisclosure and nondisparagement provisions related to incidents of sexual harassment and sexual assault.Employers should review and, if necessary, revise standard employment and restrictive covenant agreements to Continue Reading
New York City SHRM | Annual Legal Update
On May 17, Judith Kong, Davis+Gilbert Labor + Employment associate, will moderate and speak on a panel during a session entitled “Legal Considerations for Turning “R” from “Resignation” into “Retention”.” Session Overview Unpacking the employment law updates for Federal, New York State, and Continue Reading