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Fifth Circuit Affirms DOL's Authority to Set Salary Thresholds For FLSA Exemptions

Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime...more

Federal District Court Blocks FTC's Noncompete Rule

Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more

If The FTC Ban On Non-Competes Is Not Enjoined, What Is Your Company's "Plan B"?

The Federal Trade Commission (FTC) issued an extremely broad Final Rule banning most non-competes. As expected, there have been multiple court challenges to the Final Rule, but, to date, no court has issued a nationwide...more

Federal Court Issues Limited Injunction of FTC's Noncompete Rule

Real World Impact: The recent decision by a Texas federal district court judge enjoining the Federal Trade Commission (FTC) from implementing its regulation banning most noncompetes provides relief for the parties in that...more

U.S. Supreme Court Unanimously Holds a Court Has No Discretion to Dismiss a Lawsuit Once It Compels a Case to Arbitration

Executive Summary: On May 16, 2024, the U.S. Supreme Court decided Smith v. Spizzirri, holding that federal district courts have no discretion under Section 3 of the Federal Arbitration Act (“the FAA”) to dismiss a case once...more

Noncompete News: Will New York City's Noncompete Ban Beat the FTC Final Rule to the Punch?

As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more

U.S. Department of Labor Unveils Final Overtime Rule That Raises Salary Limits

Executive Summary: On April 23, 2024, the U.S. Department of Labor (DOL) published its long-awaited final rule raising the salary thresholds for certain overtime exemptions under the Fair Labor Standards Act (FLSA). The rule,...more

[Webinar] Understanding the FTC's Noncompete Final Ruling: Practical Insights for Employers - April 30th, 1:00 pm - 2:00 pm EST

Join FordHarrison attorneys Jeffrey Lehrer and Jeff Mokotoff for a pertinent webinar on navigating and understanding the Federal Trade Commission’s (FTC) new rule banning noncompetes. On April 23, 2024, the Federal Trade...more

FTC Final Rule Bans Most Noncompete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several...more

U.S. DOL Announces New Independent Contractor Rule Under FLSA

Executive Summary: On January 9, 2024, the United States Department of Labor (DOL) announced a final rule that revises the DOL’s interpretation of employee classification under the Fair Labor Standards Act (FLSA) only. The...more

The Eleventh Circuit Addresses Georgia Noncompete Statute in "Sale of Business" Context

Prior to the enactment of the Georgia Restrictive Covenant Act (“RCA”), Georgia courts interpreted noncompete provisions entered into in the context of selling a business differently than they did between employers and...more

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Noncompete News: The More Things Change, the More They Remain the Same: Georgia Supreme Court Addresses Choice of Law Provisions...

Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law...more

Eleventh Circuit Reinforces Fluctuating Workweek Method Of Paying Overtime

The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an...more

The Latest and Greatest New Pay Transparency Laws

These days, more and more lawmakers are looking to regulate the amount of salary information employers are required to provide job applicants. On January 1, 2023, California, Rhode Island, and Washington State all had new...more

Noncompete News Alert: Applying the "Janitor Rule," a Georgia Court Strikes Down "In Any Capacity" Non-Compete

Prior to the enactment of Georgia’s Restrictive Covenant Act (“RCA”) in May 2011, Georgia courts uniformly held void and unenforceable “in any capacity” non-compete provisions in the employer-employee context. “In any...more

U.S. Department of Labor Announces New Independent Contractor Rule

Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Non-Compete News: Georgia Court Holds Non-compete and Non-solicit of Employee Provisions With Missing Territory Unenforceable and...

Earlier this year, in Steuer v. Tomaras, et al., Georgia’s Statewide Business Court again refused to modify certain restrictive covenants that were missing a territory. Dr. Steuer, a former partner of the defendant doctors,...more

Washington State's New Law on NDAs and Settlement Agreements

On March 24, 2022, Washington State Governor Jay Inslee signed into law the “Silenced No More Act,” which becomes effective June 9, 2022 (“Effective Date”). The Act prohibits agreements containing non-disclosure and...more

Non-Compete News: Georgia Appeals Court Clarifies What Constitutes Appropriate Definition of Territory In Non-Compete Under RCA

Last month, in American Plumbing Professionals, Inc. v. ServeStar, LLC, Georgia’s Court of Appeals reversed a trial court’s determination that a non-compete provision was unenforceable and void because its territory was too...more

Non-Compete News: Federal Court in Georgia Finds Customer Contact Information May Be a Trade Secret, Interprets Customer and...

In Tanium v. Yago et al., the U.S. District Court for the Northern District of Georgia recently reminded us of a few things: (1) customer contact information can constitute a trade secret; (2) the Georgia Restrictive Covenant...more

Non-Compete News: Georgia Courts Cannot Extend Non-Compete Beyond Its Terms

The more things change, the more they stay the same.  That adage is apparent in Georgia’s non-compete law, which had a major overhaul in May 2011, when Georgia’s Restrictive Covenant Act (RCA) became effective. The RCA...more

Non-Compete News: Restrictive Covenant Act Case Decided by Georgia State-Wide Business Court

In May 2011, Georgia’s Restrictive Covenant Act (OCGA 13-8-50 et seq.) (“RCA”) became effective and applied to all agreements executed on or after May 11, 2011. In 2020, the Georgia State-wide Business Court (“Business...more

Incentives and Education: Promoting COVID-19 Vaccinations in the Workplace

The New Guidance: - On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance relating to employers’ obligations and limitations in responding to the COVID-19 pandemic in the...more

COVID-19: Back to Work Guide for International Employers

Most people are ready to get back to work and ensure their businesses are back on the road, but the danger to health is still out there. So, the big question is how to do it safely. Some of it may involve going back to the...more

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