Insights

Washington, D.C. - October 6, 2015: TXX Services, Inc. prevailed in a collective action/class action complaint filed against the company by two owner/operator representatives.

Washington, D.C. - February 3, 2010: Crowell & Moring LLP is pleased to announce that 19 of its attorneys have been honored by the New York State Bar Association (NYSBA) as 2009 "Empire State Counsel" for their outstanding pro bono effort s. The honor was bestowed at the NYSBA's annual Justice for All Luncheon on January 28, 2010 to attorneys who performed 50 or more hours of pro bono service in 2009.

On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas temporarily blocked the Federal Trade Commission (“FTC”) from enforcing its recent rule banning virtually all employee non-compete agreements in the United States.  In its 33-page opinion, the court ruled that the plaintiffs are likely to succeed on the merits of their claims that the FTC lacks statutory authority to issue its non-compete ban via rulemaking and that the FTC’s decision to ban non-competes broadly was arbitrary and capricious. However, in a surprise twist, the court declined to grant nationwide preliminary relief, opting instead to limit its injunction to the specific plaintiffs in the action.  The court indicated that it intends to issue a final ruling by August 30, 2024—days before the non-compete ban is scheduled to take effect on September 4.

Beginning January 1, 2025, New York employers will be required to provide employees with 20 hours of paid “prenatal personal leave” during any 52-week calendar period to attend prenatal medical appointments during or related to pregnancy. New York is the first state in the country to mandate paid leave specifically for pregnant employees.  “Prenatal personal leave” is included in an amendment to New York’s budget, recently signed into law as Sections 196-b.2 and 4-a of the New York Labor Law by the governor and cleared by the state legislature.

On March 1, 2024, the New York City Department of Consumer and Worker Protection (“DCWP”) published a Workers’ Bill of Rights, which was developed in collaboration with the Mayor’s Office of Immigrant Affairs, the New York City Commission on Human Rights, and community and labor organizations in accordance with Local Law 161.  By July 1, 2024, all New York City employers are required to post prominently in the workplace the “Know Your Rights At Work” poster, which contains a scannable QR code linked to the DCWP website containing the Workers’ Bill of Rights.  Employers are also required to distribute a copy to each employee, and to provide every new hire with a copy on or before their first day of work.  Employers must also post it on their intranet or mobile app if they offer one for employees to use. 

A Crowell & Moring team led by Labor & Employment co-chair Jeffrey W. Pagano, with assistance from Herbert Meyer, Glenn Grant and Ira Saxe, successfully argued before the Court of Appeals for the D.C. Circuit ("DCCA") on behalf of Mail Contractors of America ("MCA"), and obtained reversal of a decision of the National Labor Relations Board ("NLRB") that found that MCA had unlawfully refused to bargain regarding a unilateral change of a driver relay point. The right of MCA, the largest U.S. Postal Service depot to depot mail carrier, to unilaterally change the relay point was contained in the Management Rights provision of MCA's final offer, implemented after impasse. The DCCA squarely rejected the NLRB's position that exercise of that right violated the National Labor Relations Act. The Court's Opinion is a landmark decision, and was featured as the lead article in the January 31, 2008 edition of the BNA Daily Labor Report, as it ensures an employer's ability to operate its business without interference of a union after implementation of a final offer.Court Documents:Mail Contractors of America v. NLRB, Nos. 06-1338, 06-1380, 2008 WL 220637 (D.C. Cir. Jan. 29, 2008)

Please join us for the next edition of Third Thursday – Crowell & Moring's Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law, emerging compliance issues, and best practices.

Over the past several months, the OFCCP has launched several key regulatory initiatives that, once finalized, will re-shape the compliance evaluation landscape and significantly expand the obligations imposed on federal contractors and subcontractors.  Join us for a 90-minute review of the following key initiatives and enforcement priorities – where they stand and what they will mean for the contracting community. 

Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.