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Interested in employment discrimination settlement data? You have until September 30th to share your insights related to private employment discrimination, harassment, and/or retaliation settlement agreements in the annual Private Market Data Employment Discrimination Settlements Survey. Qualified participants will receive a $25 gift card.*

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Practical Guidance Updates
Featuring the latest updates in practice trends and practical guidance from your Practical Guidance account.

• Labor & Employment Key Legal Development Tracker – keep up to date with key legal developments!
  • Federal: The United States Court of Appeals for the Second Circuit reinstates a hostile work environment, disparate treatment, and retaliation lawsuit against General Motors, noting that economic harm is not required for an employment decision to be actionable under Title VII. See Banks v. GM, LLC, 2023 U.S. App. LEXIS 23757 (2d Cir. Sep. 7, 2023).
  • California: California enacts a law that makes employee noncompete agreements void and unenforceable regardless of where and when the contract was signed, prohibits employers from enforcing or entering into noncompetes, and provides enforcement rights for employees. See 2023 Cal SB 699.
  • New York: New York passes a law adding wage theft to the types of activities included in the crime of larceny. See 2023 NY S.B. 2032A.

• New Practical Guidance Content
  • Restrictive Covenant: Pre-litigation Enforcement Video – by Eric Weibust, Epstein Becker & Green
  • Restrictive Covenant: Enforcement in Court Video – by Eric Weibust, Epstein Becker & Green

• Recently Updated Practical Guidance Content
  • Restrictive Covenants (CA)
  • White Collar and Sales Exemptions (FLSA)
  • Good Faith Bargaining when Negotiating CBAs
  • NLRA Section 8 Unfair Labor Practices by Employers and Unions: Key Considerations
  • Title VII Compliance Issues
  • Wage and Hour (NY)
  • Workplace Investigations: Step-by-Step Guidance – now with embedded video content
  • Interviewing Employees in Workplace Investigations – now with embedded video content
  • Documenting Key Events in Workplace Investigations – now with embedded video content
  • Clawbacks of Bonuses and Commissions: Wage and Hour Considerations
  • Discrimination, Harassment, and Retaliation (MD)
  • Restrictive Covenants (GA)

• Labor & Employment Key Legal Development Tracker Archive (2021)
• Labor & Employment Key Legal Development Tracker Archive (2020)
• Labor & Employment Key Legal Development Tracker Archive (2019)
• Practical Guidance Journal Third Edition 2023 features Generative AI cautions and benefits, new trends in lending, environmental law considerations, market intelligence, and an offer to participate in our annual Private Market Data Surveys.
• Check out our Practical Guidance Author Center! Learn about the 1750+ leading attorney authors contributing to our 26 practice areas, and find out how you can Become a Practical Guidance Author. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.  
• Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
• Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law. For L&E-specific podcasts, see:
  • The Court Closes with LGBTQ Rights and Biden Debt Plan Podcast (Law 360)
  • The Supreme Court Guts Affirmative Action Podcast (Law 360)
  • Want the Sabbath Off? High Court Makes It Easier Podcast (Law 360)
  • AI Regulations Hit New York City Podcast (Ryan Kurtz)
  • Runaway Juries in Employment Litigation Podcast (Anthony Oncidi)
  • Is L&E Arbitration the Answer? Podcast (Anthony Oncidi)
  • The Looming Battle over Non-compete Deals Podcast (Law360)
  • Are You Indie or Employee? (Changes afoot to Indie Contractor/Employee Status) Podcast (Rex Fennessey)
  • Getting to Know the California Privacy Rights Act (CPRA) Podcast (Zoe Argento)
  • Long COVID and the Workplace (ADA Issues and Recent Litigation) (Jonathan Mook)
  • Discrimination and Language In the Workplace (Richard Cohen)
  • Dobbs L&E Impacts: Employers React to the Dobbs Opinion Podcast
  • Recruiting and Retaining Employees in the Current Hiring Landscape
  • Covid and the Return to Work (Richard Glovsky)

*Offer is void where prohibited by law or by your employer’s policies. Individual must complete the survey in its entirety and in accordance with all instructions by September 30, 2023, to be eligible for gift card offer. Only one gift card, valued at $25, will be given per individual, while supplies last. Employees of any governmental entity are not eligible to participate in this offer. No returns or exchanges. Offer is valid through September 30, 2023. The questionnaire responses will be reviewed for accuracy and relevancy prior to delivery of the gift card. Other restrictions may apply.

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