EEOC Rescinds Harassment Guidance

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On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its “Enforcement Guidance on Harassment in the Workplace” (Harassment Guidance), a 190-page document which had been approved in 2024. Although the Harassment Guidance did not have the force of law, it aimed to help employers identify and prevent activities that could […]

Federal Court Vacates 2021 US Department of Labor Final Rule on Tipped Workers

On August 23, 2024, the 5th Circuit Court of Appeals in Texas vacated the US Department of Labor (DOL) 2021 Final Rule which had set strict guidance on the payment of tipped employees. As a reminder, the 2021 Rule had established three different categories of work that may be performed by tipped employees and specified […]

FTC  Ban on Noncompetition Agreements Takes Effect  

As we previously reported, the Federal Trade Commission (“FTC”) issued its final rule on April 23, 2024, banning noncompetition agreements and related provisions.  The rule will take effect on September 4, 2024, 120 days after publication in the Federal Register.  As of September 4th, employers who have employees under existing noncompete agreements and related provisions, […]

Review Your Handbooks Now

In the fall of 2023, we encouraged organizations to review their handbooks based on recent NLRB decisions focused on employees’ rights to engage in protected activity even in non-union settings. We are renewing that call – as several states have implemented new laws that could have a significant impact on handbooks and employment policies. For […]