News

The Federal Trade Commission’s announcement that it would no longer seek a total ban on noncompetes does not mean that the agency isn’t suing employers for using noncompete agreements that it believes are anti-competitive. Most recently, the agency identified two cases where employers went too far.

We are a medical primary care clinic, and our handbook has a statement: “Covert recording, scanning or photocopying is a violation of office policy and will lead to disciplinary action, including possible termination.” I understand that the NLRB has rules that bar employers from preventing employees from documenting poor working conditions. Does that mean we can’t have this rule?

In a letter sent to chief executives, general counsel and board chairs, the agency’s leader emphasized that workplace initiatives tied to diversity, equity and inclusion must still comply with longstanding protections under Title VII of the Civil Rights Act of 1964.

New general counsel Crystal Carey takes the position that the agency should hear fewer cases and that regional offices should be less aggressive in pursuing employers over workplace rules.

Still missing in early 2026 is a Supreme Court ruling forcing employers to drop DEI efforts. Now the Department of Justice has signaled that it will push for a Supreme Court decision along those lines.

President Donald Trump’s 2026 State of the Union address covered health-care costs, retirement savings, workplace tax relief and border enforcement.

For now, contractors, grant recipients and employers will have to work with their attorneys to determine whether their programs discriminate.

Dubbed SALUTE for Support and Assistance for Leaders in USERRA Training and Employment, the program allows employers to ask for technical assistance to better understand their obligations.

If you’re still utilizing noncompete agreements, there’s news on the state front. Many states that regulate their use set earnings limits below which noncompete agreements can’t be enforced and update those limits every year. This year is no different.

“Illegal” DEI started out relatively undefined. The EEOC and the Department of Justice have been refining its definition ever since. The problem: The government’s definition of DEI runs headlong into Title VII and the Americans with Disabilities Act, which are still good law, and against two Supreme Court decisions affirming employers’ voluntary DEI programs in narrow circumstances.