09/19/2024

ACC Northeast and Pierce Atwood Present 2024 Employment Law Updates for In-House Counsel

Pierce Atwood is partnering with the Association of Corporate Counsel Northeast (ACC Northeast) to provide Maine CLE programming tailored for in-house counsel. Our fourth program of the year will be held in person on Thursday, September 19 from 5:00 pm - 7:30 pm. This program is pending approval for up to 1.5 Maine CLE credits.  We hope to see you there! 

So far this year, we have seen significant changes and challenges that impact the employment relationship. Join us on September 19 as employment attorneys Suzanne King, Katy Rand, and Katie Porter discuss three key developments and trends.

Noncompete Agreements: Whether the FTC ban on noncompete agreements ever goes into effect, courts and state legislatures are increasingly hostile to agreements that make it harder for employees to work in their chosen profession after separation. Restrictive covenants are not a one-size-fits-all proposition, and crafting an enforceable agreement requires consideration of not only the applicable law, but the industry, position, and effectiveness of more employee-friendly alternatives. This section will cover:

  • An update on the FTC ban.
  • Navigating state law differences.
  • Maximizing / ensuring protection of Deceptive Trade Practices statutes.
  • Identifying the least restrictive (and therefore most likely to be enforced) covenant to meet the company’s needs.
  • Best practices for using restrictive covenant agreements.

When Employees Are Activists On or Off Duty: This is the first election year since the U.S. saw a marked increase in social activism on complex issues of race, gender identity, immigration, climate change, the pandemic, and abortion (and the list goes on!). When that passion spills into the workplace, employers must decide whether employees have a right to self-expression in the workplace and whether employers should do anything about off-duty activism. We will cover:

  • The First Amendment and private workplaces.
  • What can (should?) an employer prohibit in the workplace?
  • Responding to off-duty conduct.

Use of AI in the Workplace: Ready or not, employers are facing the reality that employees are using AI in workplaces across industries and job types. From using AI to draft emails, relying on AI for hiring and performance evaluations, and using AI to record meetings and generate action items, AI is here to stay, and its use continues to grow. While AI is just the latest in a long line of innovations that have revolutionized the way people work, employers need to understand its legal risks, while also embracing its potential. We will cover:

  • Quick overview of how employees use AI.
  • Best practices for managing employee use of AI.
  • What a good AI policy should include.

Please visit ACC Northeast for more information and registration instructions.

The Association of Corporate Counsel is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations, and other organizations through information, education, networking, and advocacy.