Last Thursday, the White House issued a report titled “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses” and an accompanying blog post. Relying heavily on a report earlier this year from the U.S. Treasury, the White House report criticizes the perceived misuse of non-competes, highlights their negative impact on the ...

All these HB 2 lawsuits are making me dizzy.

Here is a copy of the U.S. Department of Justice lawsuit filed yesterday afternoon against the State of North Carolina. The McCrory (North Carolina) v. USA lawsuit is pending in federal court in the Eastern District of North Carolina (Raleigh). The DOJ lawsuit is pending in federal court in the Middle District of North Carolina ...

Law360 reported this morning that the State of North Carolina has filed suit against the U.S. Department of Justice in federal court in Raleigh. The suit seeks a declaratory judgment (official ruling from the court) that, by enforcing HB 2's provisions regarding "bathroom use and changing facility use by state employees," the state is not in violation of Title VII of the Civil ...

I won't make this too painful - after all, it's Friday, and on top of that, the Final Rule on white-collar overtime exemptions under the Fair Labor Standards Act is due imminently. That will be painful enough.

This quiz concerns wage payment, which is normally governed by state law, not the FLSA. Wage payment laws generally require that employees receive "all wages when due," and the laws ...

Taren Greenidge of our New York City Office has a new post, "Some Advice From Behind the Desk of Successful Constangy Women."

Subscription is free, so if you haven't signed up, please do so!

The U.S. Department of Justice sent a letter yesterday to Gov. Pat McCrory, giving him until Monday, May 9, to "confirm" that he does not plan to enforce the "bathroom" provisions of HB 2 as they apply to public agencies. If he fails to confirm, the DOJ is putting him on notice that he and the State of North Carolina are engaged in a "pattern or practice" of discrimination against ...

The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I've reported before here and here, the agency is taking an aggressive position regarding coverage of LGBT issues under Title VII's sex discrimination provisions. The EEOC's fact sheet, as well as other materials linked in it, should answer most ...

A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court's decision last year in Young v. UPS, and the result wasn't too good for the employer.

The Sheriff's Department of Ulster County, New York, provided light duty for employees with work-related injuries but didn't provide it for anyone else. Plaintiff Ann Marie Legg, a corrections officer at the ...

Federal protection for trade secrets, "suitable seating," inadvertent labor trafficking, Uber's status as an employer -- whew!

Be sure to check these out if you haven't already:

*Billy Hammel of our Austin Office and Bill McMahon of our Winston-Salem Office (and my next-door neighbor), with Anna Rothschild of our Washington D.C. Metro Office, are digging into the federal Defend ...

You've heard of sex-based harassment, race-based harassment, and disability-based harassment.

But have you ever heard of Lego-based harassment?

Shawn Roy was terminated from his job because he was allegedly creating and posting on the internet violent and sexually-oriented videos using Legos that allegedly bore resemblance to his supervisors and co-workers. I viewed the one ...