Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Student Loan Payments Need Not Derail Retirement Savings

The IRS recently released interim guidance to assist employers who wish to provide matching contributions to the 401(k) or 403(b) plan accounts of employees on their qualified student loan payments (“QSLPs”), in the…

It appears the FTC’s Rule Prohibiting Noncompetes is Dead (For Now)

The ability of employers to legally enforce noncompetition restrictions received a big win last week when a federal court in Texas set aside the Federal Trade Commission’s (FTC) Final Rule seeking to ban noncompete…

HIPAA Privacy Rule Revisions Address Reproductive Protected Health Information

The Department of Health and Human Services (the “HHS”) recently issued a final rule (the “Final Rule”) amending the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. Among other things, the…

So Long, Chevron: What The Elimination Of Agency Deference Means For Employers And The Future Of Labor And Employment Law

Generally speaking, it’s difficult to drum up excitement about administrative law (except amongst those of us who deal regularly in the labor and employment law arena and other highly regulated areas of law). That has…

Not Dead Yet: Noncompetes Survive, the FTC Rule Doesn't (For Now)

Perhaps there has been no employment law topic written about more in 2023, and to-date in 2024, than the Federal Trade Commission’s (FTC) (Proposed) and Final Rule, which broadly (and arguably, unconstitutionally)…