On August 20, 2024, a federal court in Texas permanently blocked the Federal Trade Commission's (FTC) final rule banning most non-competes. U.S. District Judge Ada Brown granted summary judgment in favor of the plaintiffs in...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
The Federal Trade Commission’s (FTC) final rule prohibiting most post-employment non-compete agreements (Final Rule) is set to take effect on September 4, 2024.
The ban applies to non-competes for U.S. workers in most...more
The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more
11/3/2023
/ Browning-Ferris Industries of California Inc. ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
Federal Labor Laws ,
Final Rules ,
Food Service Workers ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Regulatory Reform ,
Unions ,
Wage and Hour
Florida’s tax-free holiday for “disaster preparedness” started just days ago, and residents are quickly taking advantage of the opportunity to shop for supplies in advance of Hurricane Idalia. Employers should also be...more
Effective September 30, 2023, the minimum wage in Florida will increase to $12.00 per hour, and the tipped minimum wage in Florida will increase to $8.98 per hour.
...more
On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 stating “[non-competes] interfere with employees’ exercise of rights under Section 7 of the National Labor...more
Last week, the U.S. Supreme Court upheld an appellate court determination that Michael Hewitt, an oil rig “toolpusher,” was entitled to overtime compensation despite having earned in excess of $200,000 per year. Mr. Hewitt’s...more
2/28/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Over-Time ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions
On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that is essentially a blanket ban on non-competes per Section 5 of the FTC Act which prohibits unfair competition. If implemented, the new rule would not...more
1/13/2023
/ Anti-Competitive ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Proposed Rules ,
Regulatory Agenda ,
Unfair Competition
Employers will be defending more sexual harassment claims in court rather than through arbitration as a result of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which President Biden signed...more
3/7/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
Wednesday, OSHA formally withdrew the ETS (large employer "vaccinate-or-test" rule) as a binding, enforceable emergency temporary standard. OSHA took this action after the U.S. Supreme Court blocked OHSA from implementing its...more
1/28/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more
1/19/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal v State Law Application ,
Florida ,
Healthcare Workers ,
Infectious Diseases ,
Preemption ,
Stays ,
Vaccinations ,
Workplace Safety
Large Employer Vaccine-or-Test Mandate -
In a 6-3 decision, the United States Supreme Court yesterday issued a temporary stay of the OSHA Emergency Temporary Standard (ETS) requiring employers with 100 or more employees...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more
11/22/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
Federal v State Law Application ,
Florida ,
Governor DeSantis ,
Infectious Diseases ,
Multidistrict Litigation ,
OSHA ,
Preemption ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As anticipated, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) “vaccinate” or “test and mask” rule for large private employers, issued as an emergency temporary standard (ETS), came...more
11/15/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
First Amendment ,
Infectious Diseases ,
OSHA ,
Religious Freedom Restoration Act (RFRA) ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Yesterday, the Occupational Safety and Health Administration (OSHA) released its new emergency temporary standard (ETS) which generally mandates that private employers of 100 or more employees require employees either to...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Effective September 30, 2021, the minimum wage in Florida will increase to $10.00 per hour from its current rate of $8.65 per hour. The increase stems from a state constitutional amendment, approved by Florida voters last...more
9/22/2021
/ Constitutional Amendment ,
Employer Liability Issues ,
Florida ,
Labor Regulations ,
Minimum Wage ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to make landfall in the U.S....more
9/8/2021
/ Best Practices ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Human Resources Professionals ,
Hurricane Season ,
Natural Disasters ,
Non-Exempt Employees ,
Risk Management ,
Severe Weather ,
USERRA ,
Wage and Hour ,
WARN Act ,
Workplace Safety
Hurricane season is only half over, with Hurricane Ida leaving a trail of damage across Louisiana and beyond, and Hurricane Larry swirling in the Atlantic Ocean, although the storm is not expected to threaten the U.S....more
9/7/2021
/ Employee Rights ,
Employer Liability Issues ,
Employer Rights ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Hurricane Season ,
Labor Regulations ,
Natural Disasters ,
Remote Working ,
Severe Weather ,
USERRA ,
Wage and Hour ,
Workplace Safety
Although the long-awaited COVID-19 vaccine has finally arrived, nursing homes and assisted living facilities are facing the new challenge of employees who are reluctant to take it. In Florida and in many parts of the country,...more
1/13/2021
/ Americans with Disabilities Act (ADA) ,
Assisted Living Facilities (ALFs) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Shortly after the CDC granted emergency use authorization of COVID-19 vaccines, the EEOC issued new guidance outlining how employers could lawfully and mandatorily require employees to get vaccinated before returning to a...more
1/13/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
On November 3, 2020, Florida voters approved Amendment 2, which raises the state minimum wage to $15.00. The increase goes into effect over time, with the minimum wage increasing to $8.65, as planned, on January 1, 2021, and...more
11/19/2020
/ Employer Liability Issues ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
New Legislation ,
Regulatory Standards ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Wage and Hour
Florida’s minimum wage will increase effective January 1, 2021 as follows:
- Florida’s minimum wage will increase by nine cents from $8.56 to $8.65 per hour.
- Florida’s minimum wage for tipped employees will increase...more
10/16/2020
/ Employer Liability Issues ,
Florida ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Regulatory Requirements ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Wage and Hour
Thursday, the EEOC issued additional guidance for employers addressing COVID-19 in the workplace. Notably, the EEOC advised that employers may not involuntarily exclude employees over the age of 65 from the workplace due to...more
As many businesses approach the 30-day mark for “remote working” by the vast majority of their workforces, and debate rages on about how long sheltering in place might be required to effectively combat the community spread of...more
The EEOC has announced that it has temporarily stopped issuing right-to-sue letters for the foreseeable future due to the COVID-19 pandemic unless a charging party specifically asks the agency to issue the notice....more