Judge Ada Brown of U.S. District Court for the Northern District of Texas issued an order on Tuesday, August 20, 2024, ruling that the FTC Rule establishing a noncompete ban (“the Rule”) is arbitrary and capricious, and...more
As we have previously reported, the Federal Trade Commission (“FTC”) issued a final rule in April that would prohibit employers from imposing or enforcing noncompete agreements or other similar provisions that would...more
Following a narrow 3-2 vote on party lines, the Federal Trade Commission (“FTC”) approved a sweeping v yesterday that – if it survives legal challenge – would create a nationwide standard that would radically modify the...more
On February 8, 2024, the Supreme Court ruled that whistleblowers have a lower hurdle to clear to maintain their retaliation claims, even when they are terminated as a part of a company reorganization. The unanimous decision...more
The Federal Trade Commission (“FTC”) created waves by announcing a proposed rule last week that—if adopted and survives legal challenge—would largely prohibit employers from imposing or enforcing non-compete agreements on...more
As anticipated, OSHA’s November 5, 2021 Emergency Temporary Standard (ETS) has sparked litigation across the nation and created a flurry of legal activity. The United States Court of Appeals for the Fifth Circuit promptly...more
The South Carolina Supreme Court significantly modified the “statutory employee doctrine” framework last week, making it easier for employees of contractors and subcontractors to sue worksite employers for work-related...more
Earlier this month, the Department of Labor (DOL) announced that it will return to its practice of pursuing liquidated damages in connection with pre-litigation investigations and settlements of wage and hour claims. This...more
The Equal Employment Opportunity Commission (EEOC) announced this week that April 26, 2021 is the opening date for collecting 2019 and 2020 EEO-1 Component 1 data. Furthermore, employers will have until July 19, 2021 to...more
The employment attorneys of Nexsen Pruet have created an advance planning checklist for returning to healthy business operations during the COVID-19 Pandemic. The checklist includes:
1. Planning and Communication
2. FCRA...more
Before your company determines it is in an Essential Critical Industry (ECI), think twice. There are already reports of some employers who are abusing the hastily-written descriptions of ECI, falsely claiming to be an ECI...more
Outside of potential minimum wage issues, there is no federal law requiring employers to reimburse employees who use their personal vehicles for business purposes....more
Pay bias litigation made the news recently when a North Carolina federal judge approved a $45 million settlement of class action claims brought by former and current female managers who alleged that Family Dollar paid them...more
With the 2018 NCAA Men’s Basketball Tournament kicking off this week, there will be the inevitable dour reports that bracket filling, live streaming and fun (or even higher stakes) wagering will cost employers billions of...more
As we reported recently, the White House announced an immediate stay of new EEO-1 pay data collection requirements that would have required more transparency about compensation based on race and gender. Citing the...more
On the afternoon of August 21, 2017, the first total eclipse to touch the U.S. mainland since 1979 will cut a “path of totality” through the Carolinas (including Greenville, Columbia, and Charleston). While communities along...more
Severance agreements in the workplace have evolved considerably during the last twenty-five years. The idea of severance being paid to an employee only where a company has an established severance plan is no longer a reality....more
The Trump campaign promised regulatory reform, and most experts expected the new administration would target some of the Department of Labor regulations, enforcement actions, and guidances under the Obama administration that...more
The Equal Employment Opportunity Commission announced that it filed a lawsuit last month against a South Carolina company that allegedly refused to accommodate a truck driver’s religious beliefs. The employee apparently...more
With the announcement of teams this week for the 2017 NCAA Men’s Basketball Tournament, there will be the inevitable dour reports that bracket filling, live streaming, and fun (or even higher stakes) wagering will cost...more