Latest Publications

Share:

Federal Judge Strikes Down FTC Non-Compete Ban with National Injunction

A federal judge in Texas has struck down the Federal Trade Commission's ("FTC") new rule banning non-compete agreements for workers, preventing the rule from going into effect on September 4. In her opinion, Judge Ada Brown...more

New FTC Noncompete Ban Temporarily Blocked

A federal District Court in the Northern District of Texas, Dallas Division, has issued a limited injunction against the Federal Trade Commission’s (FTC) recently announced rule against employers using non-competition...more

[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a...more

Judge Strikes Parts Of DOL Regs On Emergency FMLA Expansion

Today, a U.S. District Court judge ruled that parts of the Department of Labor regulations on Emergency FMLA Expansion are contrary to statute. The ruling was part of a dispute between the State of New York and the Trump...more

Supreme Court Re-Asserts “Ministerial Exception”

The U.S. Supreme Court (“the Court”) today re-emphasized the “ministerial exception” to discrimination laws. The “ministerial exception” is a court-created doctrine that prevents the U.S. courts from becoming entangled in the...more

Paid Sick Leave

On March 18, 2020, the president signed into law the Families First Coronavirus Response Act. In addition to provisions addressing accessibility of testing for COVID-19 and workplace safety, the law imposed new requirements...more

“Deference” “Upheld.”

The Supreme Court’s decision today on “Auer” deference leaves life in the legal trenches untouched. See Kisor v. Wilkie, No. 18-15 (S.Ct. June 26, 2019) Under Kisor, when a regulatory agency issues a rule that is really,...more

OT Exemption Threshold Salary: Take 2

The news is everywhere: the DOL has issued its new proposal for the salary threshold for executive, administrative, and professional exemptions. Don’t panic – the announcement concerns a Notice of Proposed Rulemaking. The DOL...more

Fifth Circuit Judge Diagnoses Transgender Discrimination Divide Under Title VII

U.S. Courts of Appeals are split over whether Title VII prohibits discrimination on the basis of sexual orientation and/or transgender status. A judge on the Fifth Circuit Court of Appeals recently offered his explanation for...more

Corporate Mole Bound By Preliminary Injunction

We’ve seen it over and over. Employees, including top sales people, leave their job and start a competing company in the same city. But they want to take “their” clients with them. In a recent Pennsylvania case, the...more

ADA Failure To Accommodate Claim Requires Adverse Action

The Tenth Circuit Court of Appeals has faced one of the least litigated issues under the ADA. Is a failure to accommodate the restrictions of a disabled employee, itself, an adverse employment action? Answer: no....more

State Law Bars Conditioning Employment On Agreement To Arbitrate

Recently, the Kentucky Supreme Court considered whether the Federal Arbitration Act (“FAA”) preempts a state law. The FAA prevents states from setting higher standards for entering into or enforcing arbitration agreements...more

Should Employers Keep Wage And Hour Records For Independent Contractors?

The Department of Labor successfully stated a claim for record-keeping violations against a franchisor, because the franchisor failed to keep records on the hours worked by the specific individuals actually performing work...more

Loss of Trust in Manager Is Good Cause to Fire

Montana is one of the few states where employers must have good cause to fire an employee. In this recent case, the employer fired its site manager because he had an employee return to work without a medical release and sign...more

Second Circuit Rules Title VII Protects Sexual Orientation

The Second Circuit joined the Seventh Circuit and the EEOC in ruling that Title VII protects individuals from discrimination based on sexual orientation. Zarda v. Altitude Express, Inc., No. 15-3775 (2nd Cir. February 26,...more

Late Limit on Bonus Plan Has No Effect

The 8th Circuit Court of Appeals recently offered a refresher course on contract formation, as applied to employee bonus plans. The employer promised substantial bonuses, payable in five years, provided the eligible at-will...more

Modern Recruiting Hits a Snag

The former general counsel of the EEOC under President Obama leads a team that is giving many, many employers an early holiday nightmare. A union and a class of plaintiffs are seeking damages from a class of employers; if...more

Unclear Writing Creates ERISA Liability

An employer breached its fiduciary duty under ERISA by failing to inform benefit plan participants of the covered health insurance benefits in terms a reasonable person would understand. The employer was the plan...more

Racist Picket Conduct Protected

The NLRB holds – famously now – that sexist and racist conduct on a picket line is protected from adverse action unless the conduct is also violent and coercive. Despite a shot across its bow in Consolidated Communications,...more

Respond to Employee Restraining Orders

An employer will face a trial on whether it negligently supervised an employee’s co-worker. The two workers had a relationship that ended when the man sexually assaulted the woman in her home. After trips to the emergency...more

It’s Reasonable to Employ Marijuana Users

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

Grudges Are Forever

Even a gap of five years between protected conduct and an adverse action isn’t enough to show the two are not connected. In Baines v. Walgreen Co., No. 16-3335 (7th Cir. July 12, 2017), the plaintiff had worked for the...more

Don’t Quarrel Over Scripture

The Fourth Circuit Court of Appeals recently upheld a jury verdict in favor of the EEOC in a Title VII religious discrimination claim. At issue was the use of a biometric scanner as a time clock. EEOC v. Consol Energy, Inc....more

Spell Out Interview Results

An employer in Mississippi will face trial on a claim of race discrimination because it has not explained the interview scores two candidates received. In Calvin v. MS Dept. Rehab. Servs., Civil No. 3:15-CV-827-HTW-LRA (S.D....more

Social Media Showdown II

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more

92 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide