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Employment & Labor Law

FTC Proposes a Nationwide Ban on Non-Competes

by Elizabeth Payne-Maddalena | January 10, 2023 | Employment & Labor Law

The federal Fair Trade Commission started 2023 with a bang by announcing a newly proposed rule that, if adopted, will categorically ban non-competes for almost all U.S. workers – including independent contractors. Under the proposed rule, the ban not only applies to new non-compete provisions, but will effectively invalidate…

3 Things Employers Should Consider Before Creating DEI Initiatives

by Elizabeth Payne-Maddalena | January 6, 2023 | Employment & Labor Law

As the new year begins, many employers are taking the time to consider areas for potential advancement when it comes to company culture. As part of this, employers may be asking how they can further create welcoming workspaces for a diverse and inclusive workforce, including DEI initiatives. DEI stands for…

What Business Owners Need to Know About the New Federal Speak Out Act

by Elizabeth Payne-Maddalena | January 4, 2023 | Employment & Labor Law

A new Federal law recently passed targeting non-disclosure and non-disparagement clauses in the employment context. The 2022 Speak Out Act prohibits U.S. employers from using these kinds of provisions to prevent employees from disclosing or discussing disputes involving workplace sexual harassment and assault. However, the new law only applies to…

Is the Federal Government Targeting Non-Competes?

by Elizabeth Payne-Maddalena | December 15, 2022 | Employment & Labor Law

On November 10, 2022, the FTC issued a new Policy Statement greatly expanding its scope of antitrust enforcement powers under Section 5 of the FTC Act.[1] The new Policy Statement makes it clear that the FTC will no longer limit its Section 5 enforcement powers to violations…

State Law Pitfalls & PTO Payout Requirements for a Remote Workforce

On Behalf of Berenzweig Leonard, LLP | November 4, 2022 | Employment & Labor Law

Although the focus on remote work began as a means for businesses to continue operations, the reality is that remote work is here to stay for many businesses. Over the past two years, many employees have moved locations within the US and this increased remote workforce has resulted in employers’…

DC’s New Non-Compete Law Takes Effect on October 1st

On Behalf of Berenzweig Leonard, LLP | September 14, 2022 | Employment & Labor Law

This summer, D.C. Mayor Muriel Bowser signed into law the Non-Compete Clarification Amendment Act of 2022. This new provision significantly limits DC’s original ban on non-competition agreements and will take legal effect on October 1, 2022.  Similar to laws in Maryland and Virginia, this law will focus on income thresholds…

Increased Requests for Remote Work Accommodations as Businesses Return to the Office

On Behalf of Berenzweig Leonard, LLP | July 24, 2022 | Employment & Labor Law

Originally published in the International Risk Management Institute, Inc. (IRMI) Summer 2022 issue of Employment Practices Liability Consultant (EPLiC) By Nick Johnson and Aleksey House As the pandemic subsides and restrictions are lifted throughout the country, many businesses are implementing plans to welcome…

Paid Leave in the DMV (D.C., MD., VA.)

On Behalf of Berenzweig Leonard, LLP | May 25, 2022 | Employment & Labor Law

Maryland and Virginia have joined DC in implementing laws relating to paid family and medical leave for private sector workers. Employers in the Washington Metropolitan area will need to comply with the new paid family and medical leave policies in their respective states. 

Maryland Enacts Paid Family and Medical Leave Law

On Behalf of Berenzweig Leonard, LLP | April 28, 2022 | Employment & Labor Law

Beginning on January 1, 2025, under the Time to Care Act of 2022, paid leave will be available to eligible Maryland employees for family leave, medical leave, and family military leave. Five Key Takeaways Covered Employers. The Act covers the majority of employers in Maryland and is funded through a…

The Supreme Court Steps Into The Vaccine Mandate Arena

On Behalf of Berenzweig Leonard, LLP | January 13, 2022 | Employment & Labor Law

On Thursday, January 13, 2022, the U.S. Supreme Court blocked enforcement of the vaccine-or-test requirement for private employers with 100 or more employees but allowed the vaccine mandate for healthcare workers to take effect nationwide. The Occupational Safety and Health Administration (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”) mandate…