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Court Strikes Down FTC Ban on Non-Competition Agreements

On August 20, 2024, a federal judge in Texas ruled that the Federal Trade Commission (FTC) exceeded its authority when it adopted a regulation essentially banning non-competition agreements in the United...more

Down to the Wire for Employers and FTC Noncompete Ban

Employers are running out of time to comply with the FTC’s purported regulatory ban on non-competition agreements. The ban – announced on April 23, 2024 – is scheduled to take effect on September 4. 2024....more

Federal Court in Texas finds FTC Exceeded Its Authority With Noncompete Ban

On July 3, 2024, a federal judge in Texas issued a preliminary injunction barring the FTC from enforcing its proposed near-absolute national ban on non-competition agreements. The Rule was scheduled to take effect September...more

Business Groups Sue to Enjoin DOL Rule Increasing Minimum Salary Thresholds for Overtime Exemption

On May 22, 2024, a group of businesses filed suit to block the U.S. Department of Labor (DOL) from implementing its Final Rule, which would substantially increase the minimum salary required for the “white collar” overtime...more

DOL Final Rule Significantly Increases Salary Threshold for Overtime Exemption

On April 23, 2024, the U.S. Department of Labor (DOL) published its long-awaited final overtime rule, which substantially increases the minimum salary required for the “white collar” overtime exemptions under the Fair Labor...more

FTC Votes to Ban Non-Competition Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted along partisan lines to adopt its proposed “Non-Compete Clause Rule” banning outright virtually all non-competition agreements. Unless enjoined by a federal court,...more

BREAKING NEWS: Portland, ME Hazard Pay in Effect

This afternoon, Governor Mills declared a state of emergency for Maine’s coastal counties in response to this week’s storm, which caused widespread power outages and coastal flooding. As a result, until the governor lifts the...more

Pregnant Workers Fairness Act Places Pregnancy Restrictions on Par with Disabilities

After more than a decade’s worth of attempts, Congress has finally passed the Pregnant Workers Fairness Act (PWFA). The PWFA broke through the logjam as part of the must-pass $1.7 trillion government funding bill shepherded...more

OSHA Announces COVID-19 ETS Mandating Employee Vaccinations or Weekly Testing

As expected, OSHA has issued a new COVID-19 Emergency Temporary Standard (ETS), which goes into effect on November 5, 2021. The ETS requires most private sector employers with 100 or more employees to implement and enforce...more

COVID-19: Congress Extends FFCRA Payroll Tax Credit through September, With Some New Wrinkles

The latest COVID-19 relief law, the American Rescue Plan Act of 2021 (ARPA), extends the payroll tax credit for emergency paid sick leave and expanded Family Medical Leave Act (FMLA) leave first enacted by the Families First...more

COVID-19: What the Recent Face Covering Directives Mean for Private Employers in Maine

In mid-December 2020, Maine Governor Janet Mills, the state’s attorney general’s office, the Maine Department of Health & Human Services, and the Maine Human Rights Commission published new guidance concerning mask directives...more

COVID-19 Vaccination Policies: What Employers Need to Know

With several promising vaccinations for the COVID-19 virus scheduled to be released to the public over the next few months, many businesses have been wondering how they can speed up the return to some semblance of normalcy,...more

COVID-19: Congress Passes Stimulus Measure with Relief for Individuals, Families, and Workers

On Monday, December 21, Congress enacted a $900 billion stimulus package to support American workers and businesses impacted by COVID-19. The bill awaits President Trump’s signature, which as of this writing is uncertain....more

How the Pandemic-Driven Telework Experiment May Impact an Employer’s Duty to Accommodate

The questions of when or in what jobs telework will constitute a reasonable accommodation under the Americans with Disabilities Act (ADA) are not new ones. However, the data—the actual results of a widespread teleworking...more

Back-to-School during COVID-19: A Pierce Atwood Q&A for Employers

As schools throughout New England finalize their plans for the fall semester, many employees are faced with an ongoing need to care or facilitate education for their school-aged children on a part-time or even full-time...more

COVID-19: EEOC Provides Additional Guidance on High-Risk Workers

In our May 19, 2020 alert, Plan Now for Bringing Back Your Workforce – Part IV, we detailed the EEOC's guidance on high-risk employees (i.e. employees with medical conditions that render them particularly vulnerable to...more

COVID-19: Congress Approves Interim Emergency Relief Package

On Friday, April 24, 2020, President Trump signed another emergency relief package (CARES Act II) totaling close to $500 billion, the bulk of which will go toward replenishing the Paycheck Protection Program (PPP). ...more

COVID-19: SBA Issues New Guidance: Ineligibility of Partners and Members to Apply for PPP Loans Individually

On April 14, 2020, the Small Business Administration (SBA) issued a Second Interim Final Rule, providing guidance for individuals with self-employment income who file a Form 1040, Schedule C. ...more

FERC Acts to Provide Relief and Ensure Reliability During Coronavirus Pandemic

On April 2, 2020, the Federal Energy Regulatory Commission (FERC) implemented sweeping changes to its Office of Enforcement, issued a Policy Statement, and took additional steps to provide guidance on energy infrastructure,...more

COVID-19: Paycheck Protection Program: Is this the solution you have been waiting for?

The $2.2 trillion coronavirus stimulus bill enacted by Congress on March 27 provides immediate cash assistance to small businesses that keep their employees or recall employees they have furloughed or laid off due to...more

COVID-19 Federal: Everything Employers Need to Document to Claim Tax Credits for FFCRA Leave

On April 1, 2020, the IRS released guidance on the types of information and records an employer must maintain in order to claim a tax credit for reimbursement of paid leave they provide their employees under the Families...more

COVID-19: FFCRA Answers Trickle in From the DOL

With updated and amended information on the Families First Coronavirus Response Act (FFCRA) coming from the Department of Labor (DOL) nearly every other day, many (but not all) of our most burning questions are slowly being...more

Emergency Federal and State Legislation Related to COVID-19 Has Immediate Impact on Workplace

Emergency legislation has been enacted at both the federal and state levels to address the impact of the COVID-19 pandemic on the workplace. While more legislation is likely to follow, at least at the federal level, here’s...more

Q&A: Maine’s Pioneering Paid Leave Law

L.D. 369 was initially titled “An Act to Support Healthy Workplaces and Healthy Families by Providing Earned Paid Sick Leave to Certain Employees.” However, it was transformed during the amendment process into “An Act...more

Reassignment: The Often-Overlooked Accommodation Of Last Resort

What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of...more

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