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.

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!

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.

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.

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.

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.

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.

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.

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.

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!