Rachel B. Cowen
Subscribe to Rachel B. Cowen's PostsRachel B. Cowen focuses her practice in various employment discrimination and wrongful termination cases in federal and state courts. Rachel’s experience includes prosecuting and defending employee mobility and trade secret litigation on an emergency injunctive basis. She also counsels employers facing union organizing activity and picketing, and has successfully tried numerous cases before the National Labor Relations Board. She also handles collective bargaining and labor arbitrations. Additionally, Rachel represents financial services companies and professional engineering firms in unfair competition cases. Read Rachel Cowen's full bio.
Texas Court Issues Nationwide Injunction Striking Down FTC Noncompete Ban
By Rachel B. Cowen, Brian Mead, Katharine O’Connor and Alex Grayson on Sep 12, 2024
Posted In Employment, Labor
On August 20, 2024, the US District Court for the Northern District of Texas issued a nationwide injunction barring the Federal Trade Commission’s Final Rule that bans all noncompete agreements. Read more about the court’s decision and what it means for employers and business entities here.
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FTC Issues Rule Banning Worker Noncompete Agreements
By Rachel B. Cowen, Brian Mead, Katharine O’Connor, Lisa Rumin, Stephen Wu and Alex Grayson on Apr 30, 2024
Posted In Employee Benefits, Employment, Executive Compensation, Labor
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 along party lines to ban all new noncompete agreements nationwide and render existing noncompete agreements binding most workers unenforceable. The Final Rule, slated for publication in the Federal Register, provides that employers’ use of noncompete agreements amounts to an “unfair method of competition” that runs afoul...
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Employers Seek Clarity on Reproductive Healthcare Benefits Litigation Following EEOC Commissioner Filing
By Rachel B. Cowen and Sarah Raaii on Nov 28, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
Following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many employers extended travel benefits to women residing in states where abortion or reproductive health procedures may now be unlawful. Recently, US Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas filed a Commissioner’s Charge against at least three companies alleging that doing so...
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Four Trump-Era Bias Policies Stymied by Biden in 2021
By Rachel B. Cowen on Jan 5, 2022
Posted In Employment, Labor
Throughout US President Joe Biden’s first year in office, the Biden administration reversed numerous Trump-era policies, including those concerning the US Equal Employment Opportunity Commission, federal contractors, wage data and LGBTQ bias. In this Law360 article, McDermott Partner Rachel Cowen offers insight into how the friction between religious and LGBTQ rights will continue to play...
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Tenth Circuit Compels Arbitration in Overtime, Joint Employer Case
By Rachel B. Cowen on Dec 28, 2021
Posted In Employment, Labor
A recent US Court of Appeals for the Tenth Circuit ruling determined that a pipeline inspector’s Fair Labor Standards Act (FLSA) lawsuit against an energy company could not be adjudicated without involving the subcontractor that paid his wages. According to this Law360 article, the Tenth Circuit ruled that the inspector was trying to play “fast...
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President Releases Executive Order Prohibiting Training for Contractors and Federal Grant Recipients
By Rachel B. Cowen, James W. Kim and Maria C. Rodriguez on Oct 7, 2020
Posted In Employment, Labor
On September 22, 2020, US President Donald Trump issued an Executive Order, which prohibits federal contractors and recipients of federal grants from conducting certain workplace training on race and sex stereotyping. This Executive Order is likely to be challenged on various grounds, including First Amendment grounds, but all employers may wish to review their workplace...
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How to Build COVID-19 Employment Litigation Defenses Now
By Rachel B. Cowen, Brian Mead and Richard I. Scharlat on Aug 20, 2020
Posted In Employment, Privacy and Data Security
The employment and business decisions made by employers under the specter of the unprecedented COVID-19 pandemic are now being tested by plaintiffs’ lawyers. Employers of all sizes should expect a flood of employment litigation alongside ever-changing conditions, constantly updated guidance and, at times, conflicting state and local guidance. Litigation avoidance will require a team effort and proactive communication – both internally and externally. This article outlines the types...
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Ninth Circuit En Banc Ruling Deepens Rift Over Gender-Based Pay Gaps
By Rachel B. Cowen on May 12, 2020
Posted In Employment
The Ninth Circuit’s recent en banc ruling that employers can’t excuse sex-based pay gaps by pointing to workers’ past salaries deepened a circuit split over the federal Equal Pay Act, a development that could push the issue up to the US Supreme Court. The majority’s opinion puts the Ninth Circuit directly at odds with the...
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CARES Act Payroll Tax Forum: IRS Weighs in on High-Profile Employee Retention Tax Credits
By Sarah L. Engle, Andrew Liazos, Brian Tiemann, David Fuller and Rachel B. Cowen on May 4, 2020
Posted In Employee Benefits, Employment
Decisions aimed at preserving your workforce in response to the COVID-19 pandemic can have a long-term impact on your business. As you prepare to emerge from government shutdown orders, recall that your workforce is your single most valuable asset. The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides employee retention tax credits to help...
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Responses to Gender Pay Inequity: A Quick World Tour
By Marjorie C. Soto Garcia and Rachel B. Cowen on Oct 29, 2019
Posted In Employment
Most major jurisdictions have pay equity laws, but their approach is far from uniform. Global companies need to evaluate compliance with these laws on a country-by-country basis whilst simultaneously addressing their compensation policies globally. A sample of the rules across several countries helps to identify trends that can drive effective global policies. Australia The Australian...
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