Labor + Employment Workforce Watch is a guide to the employment law developments most likely to impact your business. The Troutman Pepper Locke Labor + Employment Team represents employers in the most sensitive workplace matters, enabling our clients to concentrate on their core business operations. Our team is adept at handling and managing labor and employment issues on national, international, and local levels. Recognized as a leading law firm by Chambers USA, our attorneys provide comprehensive advice on every type of employment issue a company may encounter, at every stage of the employment life cycle.

Three nearly simultaneous actions of the Federal Trade Commission (FTC) confirmed its intentions with respect to employee noncompetes. In the first two related actions, the FTC indicated it will not defend its 2024 rule banning virtually all worker noncompetes and will instead focus on efforts to rein in the use of “unfair and anticompetitive” noncompetes. The FTC’s third action notified the public of its intent to accomplish its goals, at least in part, through a wide-ranging request for the public to identify employers using noncompetes, followed by targeted enforcement actions.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the intersection of ethics and workplace culture through the lens of the Disney classic, Robin Hood. Joined by Jordan Hayes of Cathedral Holdings, they discuss how companies can effectively establish and maintain ethical guideposts that drive business success and employee satisfaction. Tune in for practical strategies to embed values into every aspect of your organization.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter discuss the challenges of integrating employees during and after mergers and acquisitions through the lens of the classic film Pretty Woman. Joined by Tunisia Poole and Destiny Washington of Southwire Company, this conversation covers common employee concerns, legal considerations, and the importance of clear communication when managing workplace transitions. Tune in to discover how to navigate the complexities of mergers and acquisitions with strategic foresight.

Pending expected approval from Gov. Ron DeSantis, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (summary available here) is expected to go into effect on July 1, 2025. Once in place, the CHOICE Act will significantly strengthen the ability of employers to protect their workforce, confidential information, and other business interests.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter dive into the challenges of managing employee performance, taking lessons from Mr. Milchick’s infamous performance review in the latest season of the TV show Severance. Joined by Tara Favors of Mutual of America Financial Group, this episode provides practical tips for offering constructive feedback, documenting performance deficiencies, and maintaining fairness in the evaluation process. Discover how the fictional world of Lumon Industries mirrors real-life human resources challenges.

A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio Department of Youth Services, the Court ruled that a Sixth Circuit requirement that members of a “majority group” (such as heterosexual employees) must satisfy a heightened evidentiary standard for discrimination claims was incompatible with the language of Title VII and with Supreme Court precedent. The unanimous decision written by Judge Ketanji Brown Jackson resolves a circuit split, as the Sixth, Seventh, Eighth, Tenth, and D.C. circuit courts of appeals had previously imposed a higher evidentiary burden on discrimination claims brought by majority group members.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the concept of “coffee badging”—a post-pandemic workplace phenomenon where employees badge in, grab a cup of coffee, and then work remotely for the rest of the day. Joined by Donna Griffin from Intelligentsia Coffee, the discussion delves into the implications of return-to-office mandates, generational differences in work preferences, and the evolving dynamics of remote and hybrid work environments. Discover how coffee, culture, and corporate policies intersect in today’s workplace.

On June 1, new job posting requirements took effect in New Jersey under the New Jersey Pay and Benefit Transparency Act. The “Pay Transparency Act,” signed into law by Governor Phil Murphy in November 2024, requires employers to include information about compensation in job postings. Employers also must take steps to make current employees aware of internal promotional opportunities.