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Bipartisan Legislation Introduced in United States Senate to Limit Use of Noncompete Agreements

By: Curry Sexton, Brenda Hamilton, and Mark Opara

In early January, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from entering into noncompete agreements with workers and require employers to rescind existing noncompete agreements. Fast forward […]

NLRB Rules that Employers Cannot Offer Severance Agreements With Confidentiality and Non-Disparagement Clauses

By: Cody Weyhofen and Katie Conklin

On February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023) that confidentiality and non-disparagement clauses typically found in severance agreements are unlawful if they interfere […]

NCAA Adopts New NIL Enforcement Standards

By: Tate Thompson and Curry Sexton

As of January 1, 2023, the National
Collegiate Athletic Association (“NCAA”) is applying a new standard of review
in investigations pertaining to potential violations of its name, image, and
likeness (“NIL”) rules.

According to a supplementary document used […]

Push for Collegiate Athletes to be Recognized as Employees Moves Forward

By: Tate Thompson and Curry Sexton

The push for collegiate athletes to be classified as employees recently took a significant step forward. As we discussed in October 2022, there are several ongoing legal battles related to the issue of collegiate athletes’ employee […]

FTC Proposes Rule Banning Non-Competes

By: Curry Sexton, Brenda Hamilton, and Mark Opara

The Federal Trade Commission (FTC) recently proposed a new rule that would ban employers from entering into non-competes with workers and require employers to rescind existing non-competes. The FTC is seeking public comment […]

President Biden Signs Expanded Protections for Pregnant and Nursing Employees Into Law

By: Katie Conklin and John Vering

On December 29, 2022, President Biden signed into law two measures included in the Consolidated Appropriations Act of 2023 that expand protections for pregnant and nursing employees: the Pregnant Workers Fairness Act (PWFA) and the […]

Missouri Legalizes Recreational Marijuana and Creates Job Protections for Medical Marijuana Users: What Employers Need to Know

By: Katie Conklin and John Vering

On November 8, 2022, Missourians voted to legalize recreational
marijuana, adopting Amendment 3 to Article XIV of Missouri’s Constitution. In
addition to legalizing recreational marijuana, Amendment 3 also creates job
protections for medical marijuana use, which Missouri previously […]

NCAA Issues Guidance Pertaining to Institutional Involvement in NIL Space

By: Tate Thompson and Curry Sexton

When the National Collegiate Athletic Association (NCAA) implemented its Interim Name, Image, and Likeness (NIL) Policy, effective July 1, 2021, it did not detail whether and to what extent institutions could be involved in the […]