October 24, 2024

Labor and Employment Newsletter

3 min

We Want to Hear from You

What legal issues are keeping you up at night?

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

Eight Phrases Employers Should Watch For During Election Season (And How to Handle Them)

As we head into the final weeks of the 2024 election campaigns, it's likely that American workplaces will be filled with employees discussing, arguing over, and participating in one of the country's hundreds of local, statewide, and national political contests.

While all that activity contributes to the inherent, essential messiness of democracy, employers must take care to know what they may be required to do or are prohibited from doing when it comes to their employees' participation in the electoral process.

Ten Focus Areas for Avoiding AI Hiring Discrimination

The Department of Labor (DOL) recently released an AI & Inclusive Hiring Framework, including ten focus areas employers should consider in order to remain compliant and avoid artificial intelligence (AI) hiring discrimination. According to the DOL, its framework is intended to support the inclusive use of AI in employers’ hiring technology. Below we have summarized the ten focus areas listed in the AI & Inclusive Hiring Framework and the implications the new guidance may have for employers.

The Supreme Court Kicks Off the New Term with an Eye Towards Employment Law

The U.S. Supreme Court kicked off its new term on October 7, 2024. This term, the Supreme Court has been asked to weigh in on at least four cases that raise important issues that may have far-reaching implications for employers. Below we highlight the main issues that employers should be aware of and the potential implications they should prepare for.

Attorney Spotlight

Beth Ann LennonJennifer Prozinski: Though there is currently a nationwide injunction that prevents the Federal Trade Commission from enforcing its rule banning non-competition agreements, employers, particularly those with remote or hybrid workforces, should be mindful of any applicable state laws that place restrictions on non-competition agreements with employees.  These state laws generally work against a “one-size-fits-all” approach to non-competition agreements as well as an approach that would require all employees to sign a non-competition agreement upon hire.   It is recommended that non-competition agreements be drafted on an individual employee basis to maximize the likelihood of enforceability and for compliance with applicable law.

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.