Hostility Toward Non-Competes Continues
We previously reported on the Federal Trade Commission’s proposed rule banning non-competes. The final vote on that rule has reportedly been delayed until 2024. In the meantime, two more states and the National Labor Relations Board have taken steps to outlaw non-competes.
Casual Conversation Becomes Criminal Conduct: Wage-Fixing and No Poaching Agreements
Employers need to be aware that casual conversations between competitors can now create significant legal risks. Recently, the Department of Justice (“DOJ”) has filed criminal charges against several employers alleging they illegally engaged in “wage fixing” or illegally entered “no poaching” agreements. Although the cases filed have been unsuccessful so far, we expect the DOJ to continue pursuing these charges.
Taking Employee Complaints to Heart: Tips for Preventing and Addressing Employee Complaints
In today’s post-#MeToo climate, we are finding that employees are more likely to speak up about workplace misconduct. Some of the concerns are well-founded; some of them are not. This uptick in complaints, however, means that employers need to take action to ensure employees know how to complain and to properly and fully investigate complaints.