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EEOC Announces it will Require both 2017 and 2018 W-2 Data By September 30, 2019 . . . But the Saga Continues

Client Alert | 1 min read | 05.06.19

The government took two significant steps on Friday regarding the battle over the EEO-1 pay data. Most notably, in response to Judge Tanya Chutkan’s recent ruling, the EEOC issued a Rule requiring employers with 100 or more employees and federal contractors with 50 or more employees to file “Component 2” W-2 earnings data for calendar year 2017 by September 30, 2019. This requirement is in addition to the mandate that such employers submit “Component 2” W-2 data for calendar year 2018 by that same date. The EEOC stated that it believes its portal will be open to receive such filings by mid-July 2019. On the same day, the Department of Justice filed a notice of appeal of Judge Chutkan’s ruling, so the fight over the EEO-1 pay data requirements will continue. However, the appeal does not stay Judge Chutkan’s ruling, so employers should prepare to file both 2017 and 2018 data by September 30th and should stay tuned, as this saga continues.

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Client Alert | 8 min read | 09.09.25

FTC Stops Defending Rule Banning Noncompete Agreements, Opting Instead for “Aggressive” Case-by-Case Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”...