David J. Woolf, Author at Laborsphere

Philadelphia Amends ‘Ban the Box’ Law: Key Changes to the Fair Criminal Records Screening Standards Ordinance Effective January 2026

Philadelphia’s Fair Criminal Records Screening Standards Ordinance (FCRSSO), commonly known as its “ban the box” law, has regulated how and under what circumstances an employer can consider the criminal histories of its applicants and employees since its enactment in 2011. Philadelphia City Council, with the Mayor’s approval, has now amended the FCRSSO, effective January 6, 2026, presenting the need for employers to review and potentially update their criminal history screening procedures to comply with the law’s new requirements.

What’s New?

Expanded and Added Definitions

With this amendment, Philadelphia expands upon several of the definitions included in the FCRSSO through both clarification of existing terms and the addition of previously undefined terms. For example, the amendment defines “incarceration” — a term that is important for determining the conviction lookback period — to limit it to “confinement in a jail or prison” not “parole, home confinement, or residence at a treatment facility or residential program.”

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Florida’s CHOICE Act Takes Permitted Employer Protections to a New Level

Although Florida law has been considered noncompete friendly for some time, the CHOICE Act — which took effect July 3 — takes permitted employer protections to a new level, making lengthy garden leave and noncompete provisions per se permissible for individuals who earn more than a relatively modest threshold and have access to and work with confidential information. Florida employers thus should consider whether to take advantage of the new law with current or future employees and independent contractors to enhance protection of their confidential information and customer relationships.

To view the full alert, visit the Faegre Drinker website.

Supreme Court Decision in Trump v. CASA Does Not Affect Ryan Court’s Universal Injunction of the FTC Noncompete Rule

The Supreme Court has issued its decision in Trump v. CASA, ruling that district courts generally lack the authority to issue nationwide, universal injunctions.

For employers, a key question arises: What impact does the CASA decision have on the FTC’s final rule banning the use of most noncompete agreements, which was set aside in August 2024 by the Northern District of Texas in the Ryan decision?

To view the full alert, visit the Faegre Drinker website.

Health Care Practitioner Noncompete Ban Signed Into Pennsylvania Law

On July 17, 2024, Gov. Josh Shapiro signed the Fair Contracting for Health Care Practitioners Act into Pennsylvania law. The Act prohibits the enforcement of certain noncompete covenants entered into after January 1, 2025, by health care practitioners and their employers, subject to limited, but important, exceptions. Therefore, Pennsylvania health care employers should review their employment agreements and revise them to ensure compliance.

To view the full alert, visit the Faegre Drinker website.

Court Blocks FTC Rule Banning Employment Noncompete Agreements on a Limited Basis

The FTC’s Rule banning noncompete agreements against the plaintiffs in Ryan LLC v. Federal Trade Commission has been enjoined. The court’s order signals a tough road ahead for the FTC’s Rule on a nationwide scale, although a second order is due by the end of July in a separate case. Nevertheless, employers should be aware of increasing judicial scrutiny and legislative limitations of restrictive covenants.

To view the full alert, visit the Faegre Drinker website.

NLRB: Noncompete and Employee Nonsolicitation Agreements Violate Covered Employees’ Section 7 Rights Under NLRA

J.O. Mory, Inc. represents a continuation of the Board’s attack on noncompetition agreements and a notable expansion to now target nonsolicitation covenants. Employers should take particular care to review the language of nonsolicitation agreements with covered employees to ensure that they are not likely to be construed to chill employees’ — and former employees’ — engagement in protected activity.

To view the full alert, visit the Faegre Drinker website.