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
Assignment of remote workers under the Worker Adjustment and Retraining Notification Act (WARN) is a complex and unsettled issue, which could be subject to legal challenge. WARN requires employers to provide written notice at...more
You may not have heard the phrase before, but most likely you have encountered a “litigation terrorist” – an attorney who deliberately creates chaos in litigation. This is a growing trend in litigation and can manifest...more
Businesses often consider how to reward and retain top talent and incentivize productivity without offering equity, an ownership interest in the business. An executive deferred compensation plan allows an employer to...more
For the many small and mid-size businesses impacted by the coronavirus pandemic, the recent CARES Act and other legislation adopted in earlier March 2020 offers businesses various resources for support to sustain business...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
The U.S. Supreme Court recently gave relief to automotive, tractor, and aircraft dealerships, clarifying that service advisors are – like salesmen, partsmen, and mechanics – exempt from payment of overtime under the Fair...more
From Hollywood to Capitol Hill, sexual harassment in the workplace has taken the media – and the country – by storm. While harassment in the workplace is not a new topic, the recent surge of claims has put an intense...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
As an employment attorney and litigator, I have found this story interesting to follow. Following a former employee's critical blog post accusing Uber of sexual harassment and gender bias, Uber's Board hired Eric Holder and...more
Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes,...more
Security apps, passwords, and slow computers can delay the start of the workday for many of us by one to six minutes. For non-exempt employees, this can become an issue. Office employees who clock in using their work...more
Employers in education are familiar with Title IX of the Education Amendments of 1972 and its applicability to all schools receiving federal funding. Title IX states that “No person in the United States shall, on the basis...more