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We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.
Updates
FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge
This past April, the Federal Trade Commission proposed a rule that amounted to a near total nationwide ban on employers' use of non-compete agreements. Since its announcement, employers have actively attempted to recalibrate their approaches to non-competes in anticipation of the Rule's September 4th effective date. In news that will be welcomed by many employers, a federal judge in Texas has now struck down the Rule nationally, only a few weeks before it was to go into effect, allowing employers across the country to continue to utilize non-compete agreements as their state laws permit.
California's New Workplace Violence Prevention Law is Now in Effect
California recently enacted the country's first state-mandated workplace violence prevention safety law for general industries. California's Workplace Violence Prevention law took effect on July 1, 2024, applies to virtually all California employers, and introduces several new compliance and recordkeeping requirements related to workplace violence protections.
2025 Changes to Medicare Part D Will Impact Group Health Plans' Creditable Coverage Determination
The Inflation Reduction Act of 2022 made significant design changes to Medicare Part D effective January 1, 2025. The changes will cause an increase in the actuarial value of Medicare Part D coverage, which will impact whether a group health plan's prescription drug coverage qualifies as creditable coverage. Plan sponsors should consult with their carrier or third-party administrator to determine whether their prescription drug coverage will require any enhancements to qualify as creditable coverage in 2025.
Education Roundup: Title IX's Final Rule Enforceability Still in Flux
Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of higher education (together, Schools) began preparing to comply with the Final Rule's effective date of August 1, 2024. Schools nationwide hastened to revamp policies and procedures and conduct compliance training efforts in advance of the upcoming school year. However, federal courts threw a (mostly expected) wrench into the works earlier this summer, sending the Final Rule and its requirements into murky waters for a majority of the country.
Attorney Spotlight
Robin Burroughs: Employers should always be working toward good employee relations, and it is more important now than ever to address workplace concerns proactively. Strong policies and transparent practices foster better employee relations and reduce the risk of litigation and unionization.
About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.