What's Happening With Non-Competes?

The FTC rule banning non-competes is basically dead, but I believe we will continue to see state laws scaling back the use of non-competes, particularly for lower income workers. Thank you to Success Magazine for including my comments on the impact of the recent decision by a Texas court on the FTC rule. Read it here.

Are Anti-DEI Lawsuits Succeeding?

Lawsuits attacking corporate DEI programs have been mostly unsuccessful, but have forced companies that care about having a diverse and inclusive workforce (and there are many) to find ways to continue their important efforts. Thank you to Hailey Mensik and WorkLife for including my thoughts in this article.

On Dealing with Workplace Activism

As we enjoy the last days of summer, smart managers are planning for the typical fall frenzy at work. Somewhere near the top of their lists will be the struggles (and fears) in dealing with increased levels of workplace activism. In this episode of the AccelPro Employment Law Podcast, I shared some advice on this topic, and how companies can prepare for issues that may arise in the workplace in connection with the upcoming election and other events.

The FTC’s ban on noncompete agreements will send companies scrambling for other ways to control their workforce

If the FTC's ban on non-competes is actually implemented (and that's a big if), there are many other ways for employers to protect their investments in workers, trade secrets and confidential information. In reality, the most restrictive non-compete agreements already include parallel agreements regarding pre-termination notice periods and other protective measures. Thank you to Fortune and Emma Burleigh for asking me to speak about these alternatives. Read it here.

The Legal Attacks on DEI and Affirmative Action Programs

DEI and private affirmative action programs have been under attack by conservative legal groups since the Supreme Court’s decision in the Harvard and UNC cases. While their legal challenges have not been successful to date, the battle is continuing- and escalating. Thanks to Brit Morse and Inc. Magazine for asking me to comment on this issue. Read my comments here.

Pay Transparency Is Here To Stay

The New York City Pay Transparency law has become a major topic of discussion (and frustration) for employers and workers in New York City and beyond. I spent a few minutes discussing this new law with my good friend (and talented TV host!) David Lesch. You can watch the interview here.

Leave Your Mark Podcast

Aliza Licht’s LEAVE YOUR MARK podcast has always been at the top of my listening list. So it was a huge honor - and so much fun - to join Aliza and discuss current workplace issues. Our discussion covered layoffs (at twitter and elsewhere), salary transparency, negotiating job offers and so much more! You can listen here