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Showing posts with the label 2025-03-14 Digest

Arkansas Bans Physician Non-Compete Agreements

On March 4, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law Senate Bill 139, now Act 232 (the “Act”), which amends the state’s non-compete statute to provide that non-compete covenants that “restrict the right of a physician to practice within the physician’s scope of practice” are void. The term “physician” includes any person authorized or licensed to practice medicine under the Arkansas Medical Practice Act and any person licensed to practice osteopathy under Arkansas law . The Act will take effect 90 days after adjournment of the current legislative session, likely resulting in a mid-July 2025 effective date . Arkansas’s Existing Non-Compete Statute Arkansas Code Section 4-75-101, entitled “Covenant not to compete agreements,” provides statutory factors for determining the enforceability of non-compete agreements signed after July 22, 2015 (the statute’s initial effective date).  A non-compete agreement is enforceable where it is ancillary to an employment relat...

Considerations for Artificial Intelligence Policies in the Workplace

  Because the use of AI in the workplace can present serious risks to an organization, particularly involving security, intellectual property, confidentiality, and labor and employment legal risks, employers should consider adopting an AI policy to ensure that their use of AI is responsible, ethical, and legally compliant. AI policies can help employers comply with regulations, reduce liabilities, and manage AI risks. Regular audits, employee training, and policy updates help ensure that AI is used in a responsible and legally compliant manner, especially because of the rapidly evolving legal landscape. In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many courts and state bars across the country have introduced AI usage policies to ensure that AI is properly used in the practice of law, including policies requirin...

No Slowing Down: Employers’ Recap of the Trump Administration’s First 50 Days

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While new presidents are typically judged based on their actions in their first 100 days, the current Trump administration has moved at such a rapid speed that we think another recap is needed at the halfway point. Here’s your employer cheat sheet on Trump’s first 50 days. Table of Contents Immigration DEI and Equal Opportunity Compliance Affirmative Action and Federal Contract Compliance Labor Relations Workplace Safety Employee Defection and Trade Secrets Artificial Intelligence Education Immigration Trump signed 10 immigration orders on day one (Jan. 20).  These executive orders, among other things, declared a national emergency at the U.S.-Mexico border, reinstated the “remain in Mexico” policy, terminated the asylum related mobile app, and designated Mexican criminal cartels as terrorist organizations. Read more  here . Trump also  tried to  end automatic birthright citizenship for children of undocumented immigrants,  but this order has been  blocked ...

Boost Retirement Savings and Reduce Taxes by Paying Your 401(k) Fees from a Business Account

Fees As a small business owner, you have a significant personal stake in how your 401(k) plan administration fees are managed. The method you use for paying plan expenses can have a major effect on participant returns. Paying them from a business account – not plan assets – can directly benefit you, your employees, and your business. Here’s what you need to know to decide whether the approach is right for you. Understanding 401(k) Administration Fees All 401(k) providers charge fees for delivering plan administration services such as participant recordkeeping, ERISA compliance, asset custody, and investment advice. These fees can be paid from one of more of the following sources: Direct Fees 401(k) providers deduct these fees directly from participant accounts. Their amount must be disclosed in invoices in  408b-2  and  404a-5  fee disclosures, participant statements, and invoices. Direct fees can be charged on a flat and/or asset-basis. Flat fees increase with parti...