Governor Josh Shapiro has signed the “Fair Contracting for Health Care Practitioner’s Act” (“the Act”), Pennsylvania’s first statute imposing limitations on the use of non-competes in the Commonwealth. Pennsylvania joins the growing list of a dozen states which have enacted legislative bans or limitations on healthcare provider non-competition agreements in recent years.
The Act, which
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Department of Labor’s Final Rule Dramatically Expands the Pool of Employees Eligible for Overtime with Initial Round of Changes Effective on July 1, 2024
On April 23, 2024, the Department of Labor (“DOL”) announced long-awaited revisions to overtime regulations under the Fair Labor Standards Act (“FLSA”). The most important change will allow many more workers to receive overtime pay because the DOL raised the minimum salary that employees must receive before they can ever be exempt from overtime under…
State of New Jersey Seeks Millions of Dollars Against Companies for Alleged Misclassification of Workers as Independent Contractors
February 2024
The State of New Jersey has recently filed a lawsuit under a 2021 law permitting it to directly sue employers in court for misclassifying workers as independent contractors. The complaint was filed against shipping and logistics companies STG Logistics, Inc. and STG Drayage LLC. The State seeks to recover up to millions of dollars in…
Peter Frattarelli and Simone Adkins Co-Author NJLJ Article “What’s the Law? Attorney-Client Privilege and Work Product Doctrine in Internal Investigations”
Archer attorneys, Peter Frattarelli and Simone Adkins, co-authored the New Jersey Lawyer article, “What’s the Law? Attorney-Client Privilege and Work Product Doctrine in Internal Investigations.” The attorney-client privilege analysis is never an easy one when internal investigations are conducted. In their article, Peter and Simone discuss navigating the complex waters of internal investigations when employers…
U.S. Supreme Court Issues Major Decision on Religious Accommodations and Forcing Employees to Work on Days of Observance
(Click here to view the PDF)
The United States Supreme Court issued a major decision at the end of its 2022/2023 Term, which will have far-reaching implications on any employer who tries to force employees to work on their day of religious observation (whether the Sabbath or otherwise). On June 29, 2023, in a…
New York Aims to Become the Fifth State to Join the Non-Compete “Ban” Wagon
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The New York State Assembly reconvened last month and passed a bill (A01278B) banning all non-compete agreements which, if enacted, would prohibit almost all new employee non-compete agreements, regardless of salary level or job function. Strikingly, the proposed legislation does not contain an exception for situations involving…
NLRB Signals Intent to Invalidate Many Employee Non-Compete Agreements
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The National Labor Relations Board (NLRB)’s General Counsel, Jennifer Abruzzo, sent a strong signal that the Board will be attempting to invalidate many employee non-compete agreements, as part of its power to enforce the National Labor Relations Act (“NLRA”). Although it remains to be seen if this position…
Temporary Workers’ Bill of Rights Signed into Law
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On Monday, February 6, 2023, New Jersey Governor Murphy signed into law Assembly Bill, A1474, providing a number of far-reaching and new protections for temporary workers, and also imposing new requirements on temporary staffing agencies and their clients. The law is intended to help remedy the effects identified in…
The Proposed Workforce Mobility Act is Back Again, This Time with Gusto
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The legislative assault on non-competes that we have been reporting on continues. In a bipartisan federal bill introduced days ago, U.S. Senator Chris Murphy (D-Conn.) and U.S. Senator Todd Young (R-Ind.) have once again reintroduced the Workforce Mobility Act (Senate Bill 200 S200). While this bill was introduced last…
“Audacious” Federal Trade Commission Proposed Rule Banning Non-Compete Agreements is Now Subject to Public Comment
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On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule that would ban non-compete agreements nationwide, as we wrote about in our recent alert. The proposed ban has been called “the most audacious federal rule ever proposed” representing a “breathtaking power grab over Noncompete Agreements,” among…