In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs, along with Erin Cannon, director of diversity, equity, and inclusion (DEI) at Troutman Pepper, draw parallels between the popular reality TV show Big Brother to discuss the future of corporate DEI programs after the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard. They discuss the benefits of affinity groups, the importance of allyship, and the significance of focusing on inclusion and belonging in the workplace.

Continue Reading The Reality of DEI Programs: A <em>Big Brother</em> Perspective

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Tuesday, May 21 • 2:00 – 3:00 p.m. ET

The Federal Trade Commission (FTC) recently voted along party lines to enact a comprehensive ban on nearly all worker noncompetition provisions. This final rule, which applies to a broad range of employers and employees – from entry-level to executives, is scheduled to become effective on September 4, 2024, 120 days following its publication in the Federal Register on May 7, 2024.

Continue Reading Understanding the FTC’s Noncompete Ban: A Comprehensive Guide for Employers

In this insightful episode of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, attorneys Paul Porretta and Christopher Stock delve into the complex world of multiemployer pension plans. They discuss critical considerations for businesses contemplating the purchase of entities that contribute to these plans. Topics include evaluating the implications of multiemployer pension plan contribution obligations and withdrawal liability exposure, key diligence to focus on, and deal points the parties may consider. Join us to uncover the significant risks and liabilities associated with these plans and gain valuable insights into strategic planning for your business’ future.

Continue Reading Multiemployer Pension Plans in Mergers and Acquisitions

Q. Has OSHA issued any new rules addressing employees’ rights to have representation during an OSHA inspection at a private employer’s worksite?

A. Yes. Earlier this month, the Occupational Safety and Health Administration (OSHA) issued a Final Rule that significantly revises OSHA’s longstanding regulations concerning an employee’s right to choose a representative to participate during OSHA’s physical inspection of a workplace. Under the new final rule, employees will be permitted to bring other employees or nonemployee third parties (including nonemployee union representatives) on OSHA walkarounds at union and nonunion workplaces, if these individuals are “reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace by virtue of their knowledge, skills, or experience.” The new rule will take effect on May 31.

Continue Reading OSHA’s “Walkaround” Rule Allows Union Reps and Others Access to Private Worksites During Inspections

On Tuesday, the U.S. Department of Labor (DOL) released a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees,” which significantly raises the salary thresholds for exemption from overtime pay for bona fide executive, administrative, and professional employees.

Continue Reading New DOL Rule: Changes to Salary Thresholds for Overtime Exemptions

This article was republished on EACC-NY on April 25, 2024.

The Federal Trade Commission (FTC) voted along party lines (3 to 2) to ban all worker noncompetition provisions. The final rule applies to all employees, including senior executives, and will become effective on September 4, 2024.

Continue Reading FTC Bans Employee Noncompete Clauses

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm’s Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden leave. What are the pros and cons of having employees sit on the bench? What is the difference between garden leave and noncompete agreements? Tune in for an engaging dialogue on this unique aspect of employment transition.

Continue Reading Unraveling the Concept of Garden Leave: Insights From <em>Silicon Valley</em>

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification under Section 5 of the FTC Act, as an unfair method of competition. Commissioner Bedoya advocated that worker misclassification — when an employer classifies a worker, who should be an employee, as an independent contractor — satisfies the criteria established by the FTC in its November 2022 policy statement, for when conduct constitutes an unfair method of competition. Specifically, the commissioner stated that worker misclassification distorts competitive conditions when it allows companies who improperly classify their employees as independent contractors to underbid those competitors that correctly classify employees. Additionally, worker misclassification may be coercive, exploitative, and abusive when workers who know they are being misclassified feel that they have no choice but to accept such treatment. Commissioner Bedoya also suggested that an employer’s efforts to limit the independence of a worker classified as an independent contractor could constitute an illegal vertical restraint on trade.

Continue Reading Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs navigate the evolving landscape of employee sick days in a post-COVID-19 workplace. Special guest Lisa Whittaker, director and managing counsel, employment and labor law at The J.M. Smucker Co., joins them for a humorous discussion of the use and abuse of employee sick days, using clips from the popular TV show, Parks and Recreation. Tune in for an insightful discussion!

Continue Reading The Evolution of Employee Sick Days in a Post-COVID-19 Workplace With <em>Parks and Rec</em>

In the companion podcast to our recently published client advisory, Troutman Pepper Partners Emily Zimmer and Constance Brewster delve into the intricacies of the SECURE Act, also known as SECURE 1.0, and its successor, SECURE 2.0. They discuss the significant changes brought by these rules, the proposed regulations issued to clarify how these rules are applied, and the steps company-sponsored plans should be taking now.

Continue Reading Long-Term Part-Time Employee Eligibility Rules Now in Effect