On April 23, 2024,  the U.S. Federal Trade Commission (the “FTC”) published a new rule banning most non-compete clauses in employment contracts. The new rule was issued by a narrow margin of 3:2, and comes as an effort by the FTC to promote competition, protect the freedom of workers to change jobs, and increase innovation. FTC Chair Lina M. Khan has explained that the rule will “ensure that Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.”Continue Reading FTC Bans Non-Competes

On June 29, 2023, the United States Supreme Court issued a decision, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, striking down decades of precedent that had previously permitted affirmative action programs in connection with admission practices at colleges and universities.  While the Harvard decision does not directly impact employers, the rationale supporting it has the potential to impact employment practices moving forward, as discussed below.Continue Reading FORECASTING THE IMPACT OF THE SUPREME COURT’S LATEST AFFIRMATIVE ACTION DECISION ON EMPLOYERS