Labor & Employment


Expect Increase in FTC Noncompete Enforcement Despite Withdrawal of Nationwide Ban
February 17, 2026 | Labor & Employment | Health Services

Noncompete agreements remain in the Federal Trade Commission’s crosshairs. Although the FTC abandoned its pursuit of a nationwide ban, targeted enforcement is here, and the healthcare industry specifically has been placed on notice.

The Background

On September 5, 2025, the FTC announced it was walking away from its proposed national ban on noncompetes. However, in

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AVOID Act Limits Time Period to Initiate Third-Party Complaints
January 15, 2026 | Stanley J. Tartaglia, Jr. | Insurance Coverage | General Liability | Labor & Employment

On December 19, 2025, Governor Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act into law. The law amends CPLR Section 1007 to impose strict time limits on the commencement of third-party complaints and is set to take effect on April 18, 2026 (120 days after enactment). There have been Chapter Amendments

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H-1B Registration Opens in 2 Weeks
February 21, 2025 | Corporate | Labor & Employment | Immigration

Each year, the United States Citizenship & Immigration Services (USCIS) conducts an H-1B registration selection process for foreign nationals who have not previously held H-1B status. The H-1B cap registration period for fiscal year 2026 will open at noon eastern time on March 7, 2025, and will run through noon eastern time on March 24,

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Conflicting Orders Create Uncertainty for FTC Noncompete Ban
July 30, 2024 | Jeffrey P. Rust | Compliance, Investigations & White Collar | Corporate | Labor & Employment

On April 23, 2024, the Federal Trade Commission finalized its rule enforcing a noncompete ban for a vast majority of workers. The noncompete ban is set to take effect on September 4, 2024. With limited exceptions, the rule invalidates existing noncompete clauses and bans new noncompete clauses.

On the same day, Ryan, LLC filed suit

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
June 19, 2024 | Kenneth A. Novikoff | Labor & Employment

Kenneth Novikoff’s Autumn 2024 issue of the Employment Law Reporter was published in the Employee Relations Law Journal Autumn 2024.

The column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition agreements.

Read the full column here.

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Law Firms Can Now Be Criminally Liable for Wage Theft. Is Yours?
June 4, 2024 | Labor & Employment

When Governor Kathy Hochul signed an amendment to the New York Penal Law this past fall, designating “wage theft” as a form of criminal larceny, she and the State Legislature targeted “bad faith” employers who violate New York’s Labor Law by improperly withholding timely payment of their employees’ earned wages.

The most recent amendment to

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Recent State Law Makes It a Crime to Withhold Wages
May 3, 2024 | Joel M. Greenberg | Labor & Employment

Governor Kathy Hochul signed an amendment to the New York Penal Law this past fall, designating “wage theft” as a form of criminal larceny. In doing so, she and the State Legislature targeted “bad faith” employers who violate New York’s Labor Law by improperly withholding timely payment of their employees’ earned wages.

The amendment covers

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FTC Issues New Rule to Abolish Non-Compete Agreements
April 25, 2024 | Nancy A. Del Pizzo | Tim Gonzalez | Labor & Employment | Intellectual Property

On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all industries.

Existing non-compete agreements for employees will become unenforceable. Existing non-competes for senior executives can remain in force, but employers

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NY’s New Employment Law Targets Privacy Concerns
April 5, 2024 | Tamika N. Hardy | Caitlyn Gibbons | Privacy, Data & Cyber Law | Labor & Employment

In the current age of social media, employers have begun to increasingly rely on digital platforms to screen prospective employees.

In an effort to address the growing concerns over privacy and the use of social media in employment decisions, New York has recently implemented a new law to protect employees’ and job applicants’ social media

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Novikoff’s Employment Law Reporter Published in Employee Relations Law Journal
March 28, 2024 | Labor & Employment

Kenneth Novikoff’s issue of the Employment Law Reporter was published in the Employee Relations Law Journal Summer 2024.

The column discusses a number of recent employment discrimination cases and cases involving complaints stemming from non-competition agreements.

Read the full column here.

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