Workplace Rules

This podcast episode features Chris Wilkinson and Sopen Shah discussing the significant impact of the Loper Bright decision, which eliminated Chevron deference, on employment and labor law. The speakers delve into the implications of this decision on agency rulemaking at both federal and state levels and how it may change the way regulated parties interpret regulatory authorities. They also explore the concept of “Auer deference” and the potential fallout and future shifts in the legal landscape due to this decision.

In this episode, Kristie and Allison discuss how the U.S. Securities and Exchange Commission (SEC) scrutinizes agreements with employees under the whistleblower protection rule. Their conversation focuses on the SEC’s enforcement efforts against employers based on agreements with their employees, with a particular emphasis on confidentiality agreements and their potential to impede whistleblowers.

In this episode, Ann Marie and Chris discuss what employers might expect in the run-up to the 2024 election regarding labor and employment law changes. They explore the impact of the Biden administration’s regulations including an extensive discussion of the FTC’s noncompete rule, the potential implications of the 2024 election, and the influence of unions on the election.

In this episode, Chris and Jeremy analyze a recent Supreme Court decision affecting anti-discrimination laws, Muldrow v. City of St. Louis case. They discuss how this ruling expands the scope of "adverse actions" in the employment context and its impact on workplace policies and diversity efforts. The episode offers crucial insights for employment lawyers and human resource professionals alike, highlighting the need for adapting to new legal challenges.

In this episode, James and Heather discuss the recent updates to Washington state's non-competition laws, which took effect on June 6, 2024. They explore the implications for employers and employees and consider the impact of an FTC rule that bans most non-competes. Key topics include the stricter scrutiny and enforcement of non-competes, revised definitions, and the effects on employee mobility and business practices.

Earlier this year, the U.S. Equal Employment Opportunity Commission (EEOC) issued its Pregnant Workers Fairness Act (PWFA) Final Rule, which has recently gone into effect. In this episode, Emily and Lara discuss the PWFA, covering the background, provisions, and implications of the law.

In this episode, Chris and Shannon explore the Davis-Bacon Act and the Service Contract Act. Listen as they cover the implications of these regulations for federal contractors and gain valuable insights into the crucial considerations that contractors must be aware of to maintain compliance.

The Federal Acquisition Regulatory Council recently issued a Proposed Rule that would require pay transparency in federal contracting. In this episode, Chris and Jeremy discuss the proposed rule in detail. They cover the implications of the rule, the current landscape of pay equity law, and the steps federal contractors may want to take to prepare for this rule.

In this episode, Shylah and Kristie discuss the implications of “no-poach” agreements from an antitrust perspective. They explore the U.S. Department of Justice’s approach toward such agreements, the criminal consequences attached, and how companies have been reacting. Further, they delve into the importance of antitrust compliance training for human resources professionals and other employees.

In this episode, Chris Wilkinson updates listeners on federal and state regulation of artificial intelligence (AI). Chris discusses his article published in Bloomberg Law titled "Employers, Take Notice as the DOL Crafts White House AI Mandates," in which he explains the U.S. Department of Labor’s (DOL) new responsibilities under President Biden’s AI executive order addressing such issues as discrimination, immigration, and worker displacement. In addition, Chris speaks about AB 331, California’s landmark proposal to regulate AI.