Q: Is New York City considering a total ban on noncompete agreements?

A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council, Committee on Consumer and Worker Protection.

Continue Reading Talk About Competition! New York City Considers 3 Different Noncompete Bans

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs draw insights from the TV series NCIS to discuss effective workplace harassment training. Our hosts are joined by Victoria Pasquale, chief human resources officer at Pritchard Industries, who shares her expertise on structuring effective trainings for her employees. Listen as the group explores how to capture their audience’s attention and drive home important messages in an engaging way.

Continue Reading Effective Harassment Trainings: Best Approaches With Insights from <em>NCIS</em>

In the ever-evolving landscape of employment verification, the use of Form I-9 software programs is increasingly prevalent. These programs, often part of an HRIS (Human Resource Information System), streamline the process of verifying an employee’s eligibility to work in the U.S., making the onboarding process more efficient for employers. However, their use also comes with a set of obligations.

Continue Reading Federal Government Issues Comprehensive Guidance for Employers Using Form I-9 Software Programs

Published in Law360 on February 26, 2024. © Copyright 2024, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

“Minority Report,” a cinematic masterpiece that debuted over 20 years ago, continues to resonate with audiences today. Directed by Steven Spielberg and starring Tom Cruise, the movie takes place in the year 2054 where a special police department, called Precrime, apprehends criminals before they commit a crime based on information obtained from three psychics, called Precogs.

Continue Reading Water Cooler Talk: Investigation Lessons in ‘Minority Report’

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with fellow Partners Sheri Adler and Mary Weeks, chat about the ultimate whistleblower — police officer Frank Serpico — and the SEC’s recent crackdown on whistleblower provisions in employment and separation agreements. Listen in as the group shares a top 10 list of drafting tips to ensure compliance.

Continue Reading Navigating Employment and Separation Agreements: Lessons From Al Pacino’s <em>Serpico</em>

On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor Relations Act (NLRA) and, therefore, are eligible to vote on whether to unionize. Applying the Board’s common law test, the regional director reasoned that the basketball players are employees “because Dartmouth has the right to control the work performed by the men’s varsity basketball team, and because the players perform that work in exchange for compensation.” Although this decision is likely to be appealed to the full Board, it could ultimately result in a ruling with a significant impact on the status of student-athletes across all divisions and all sports within higher education.

Continue Reading NLRB Rules That Dartmouth Basketball Players Are Employees

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs welcome Katie Stark, senior director, commercial counsel for Collegium Pharmaceutical. The team delves into the topic of dress codes, drawing inspiration from the movie Erin Brockovich, and explores the intersection of personal style and professional expectations. As a bonus, the trio also share their most embarrassing fashion faux pas!

Continue Reading Dressing for Success: Workplace Fashion Inspired by Julia Roberts’ <em>Erin Brockovich</em>

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs are joined by Marie Latoff, president and founder of Verita, LLC, a firm specializing in workplace investigations. Drawing parallels from the movie Minority Report, they discuss best practices and pitfalls to avoid when conducting workplace investigations.

Tune in for an engaging and informative discussion about navigating the investigation process.

Continue Reading A Deep Dive Into Internal Workplace Investigations: Tom Cruise’s <em>Minority Report</em>

Once again, the H-1B cap filing season is upon us. The H-1B is a popular U.S. work visa available to highly skilled foreign nationals who are offered a qualifying position by an employer. This visa is also known as a “specialty occupation” visa because in order to be eligible for this visa category, the offered position must require a minimum of a bachelor’s degree in a specific field.

Continue Reading The Annual H-1B Cap Lottery: An Overview

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of coverage under the Fair Labor Standards Act (FLSA). The final rule was adopted after publication of a proposed rule in October 2022 and following a 61-day comment period in which the DOL received more than 55,000 comments. The final rule also rescinds an independent contractor rule, issued in January 2021, which never went into effect due to legal challenges. The new final rule becomes effective on March 11.

Continue Reading DOL Publishes Final Independent Contractor Rule