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Massachusetts Pay Disclosure Requirements Take Effect October 29, 2025

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Pay disclosure requirements under the recently enacted pay transparency law in Massachusetts will take effect on October 29, 2025. A summary of that law can be found in our prior update, available here: 2025 Pay Transparency Law. Certain portions of the law are already in place, including pay data reporting requirements.  As of October 29, 2025, public and private employers with 25 or more employees will need to disclose expected salary ranges for job postings and provide pay range information to current employees upon request. Until October 29, 2027, covered employers will be provided with a two-business-day cure period to …

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FTC Abandons Nationwide Non-Compete Ban, But Affirms Ability to Pursue Case-Specific Enforcement Actions

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On September 5, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its appeal of court decisions that had blocked its efforts to implement a nationwide ban on non-competition agreements. This voluntary dismissal was largely anticipated in light of the change in administration and consequent leadership change at the FTC. The FTC’s proposed ban had been introduced in April 2024 and sought to eliminate most non-compete provisions in employment contracts across the country. That FTC action generated substantial public discourse and was met with swift legal challenges. Courts in Texas and Florida ultimately ruled against the ban’s implementation. The Texas federal …

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Recent Changes in Leadership at FTC and NLRB Impact Federal Regulation of Non-Compete Agreements

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The change in presidential administrations has resulted in changes in leadership at the Federal Trade Commission (FTC) and National Labor Relations Board (NLRB). These changes have potential implications with respect to enforcement of non-compete agreements at the federal level. At the FTC, Andrew Ferguson has replaced the prior FTC Chair, Lina Khan. Under Ms. Khan’s leadership, the FTC had issued a Noncompete Rule that effectively banned most noncompete agreements with employees. In August 2024, that Rule was blocked by a court in the Northern District of Texas before it went into effect. The FTC filed an appeal of that decision, …

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Massachusetts’ New Pay Transparency Law Goes Into Effect In 2025

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A new law, An Act Relative to Salary Range Transparency (the “Act”), which includes requirements designed to enhance pay transparency in Massachusetts goes into effect soon. The Act includes two primary components: (1) a pay range disclosure requirement; and (2) a pay data reporting requirement. Massachusetts employers should be prepared to comply with the requirements of this law, as the requirements will become effective in 2025, including certain reporting requirements as early as February 1, 2025. Pay Range Disclosure Requirement The Act will require private and public employers with 25 or more employees to include the “Pay Range” in all …

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DOL’s 2024 Rule Increasing Salary Thresholds for Overtime Exemptions Struck Down.

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On November 15, 2024, a Texas federal district court vacated an April 2024 final rule issued by the U.S. Department of Labor (DOL), which had increased the salary thresholds for exemptions from federal overtime requirements under the Fair Labor Standards Act (FLSA). Significantly, the court’s ruling struck down the DOL’s rule on a nationwide basis. On November 26, 2024, the DOL filed a notice of appeal of the court’s decision. For now, however, the DOL’s April 2024 rule does not apply. Notably, it is uncertain whether the incoming administration will even continue moving forward with the DOL’s appeal. As a …

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Checking In On The FTC’s Non-Compete “Ban”

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On October 18, 2024, the Federal Trade Commission (FTC) initiated an appeal with the U.S. Court of Appeals for the Fifth Circuit, contesting the ruling issued by a Texas district court on August 20 in Ryan, LLC v. FTC, which blocked the FTC’s rule banning non-competes. As it stands, however, the Texas district court’s decision blocking the FTC’s rule from going into effect remains operative. A timeline for that appeal process has not yet been set. In the meantime, the result of the recent Presidential election may mean a change in leadership at the FTC. It is possible (even likely) …

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FTC Rule Banning Non-Competes Vacated By Texas Court

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The Federal Trade Commission (FTC) Rule banning nearly all post-employment non-compete agreements has been vacated, so will not be going into effect on September 4, 2024. On August 20, 2024, the U.S District Court for the Northern District of Texas in Ryan, LLC v. FTC issued an Order on a Motion for Summary Judgment in which the Court vacated the FTC Rule. Specifically, the Court states: “The Court sets aside the Non-Compete Rule. Consequently, the Rule shall not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter.” This decision provides welcome clarity in …

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Uncertainty Continues Regarding Enforceability Of FTC’s Non-Compete “Ban”

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Following the April 23, 2024 vote by the Federal Trade Commission (FTC) to issue a rule largely banning non-compete agreements in employment agreements, there has been continuing uncertainty as to whether that rule will actually go into effect. Almost immediately after the rule was issued, several companies and industry groups filed lawsuits seeking to block the rule’s application. The central argument articulated by these litigants is that the FTC lacks the statutory rulemaking authority to issue the non-compete “ban.” As of now, the rule remains scheduled to go into effect on September 4, 2024. These cases have started to progress …

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DOL Issues Guidance On Artificial Intelligence In Workplace

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On April 29, the Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2024-1 on “Artificial Intelligence and Automated Systems in the Workplace Under the Fair Labor Standards Act and Other Federal Labor Standards.”  The bulletin provides helpful guidance to employers who are presently using or considering using “artificial intelligence” or “AI” in the workplace to assist with managing employees. Likewise, employees should be aware of how the use of AI or other technologies may affect their rights in the workplace.    This guidance highlights the fact that employers’ legal obligations and responsibilities with respect to their …

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The FTC’s “Ban” on Non-Competes

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On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a new rule largely prohibiting non-compete restrictions in the workplace. This groundbreaking rule was published in the Federal Register on May 7, 2024, and is presently scheduled to become effective on September 4, 2024. However, the FTC’s final rule has already been subjected to court challenges, so it bears watching whether it will, in fact, go into effect at that time. Notwithstanding the present uncertainty, employers and employees alike should understand the wide-ranging implications of the FTC’s new rule as it could largely reshape the dynamics of employer-employee …

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