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FTC Bans Worker Non-Competes

By a vote of 3-2, the Federal Trade Commission (FTC) passed the final version of its much-talked-about non-compete rule. The final rule hews closely to the proposed rule, effectively banning all existing or future non-compete...more

Employer Non-Compete Agreements Face Possible Ban by FTC

The Federal Trade Commission (FTC) started off 2023 with a bang. On January 5, the FTC proposed a new rule that would effectively ban most non-compete agreements, making them an unfair and unlawful method of competition under...more

The American Rescue Plan: Update for Employers Providing FFCRA Leave in 2021

As discussed in "New Coronavirus Relief Legislation Impacts Employers in Two Key Areas" the Families First Coronavirus Response Act (FFCRA) paid leave mandates expired January 1, 2021 and there is presently no requirement...more

DOL Issues Temporary Rule Promulgating Regulations on the FFCRA

On April 1, 2020 the U.S. Department of Labor (DOL) issued a temporary rule promulgating regulations on the Families First Coronavirus Response Act (FFCRA), which created two new emergency paid leave requirements in response...more

California Case is the Latest to Address Whether Worker is an Independent Contractor of Employee

Companies in many industries – including, for example, construction, trucking, logistics, restaurants, and food service – utilize independent contractors....more

Arizona Supreme Court Rejects Challenge to Proposition 206

On August 2, 2017, the Arizona Supreme Court released its written opinion rejecting the Arizona Chamber of Commerce and other business groups’ challenge to Proposition 206, also known as The Fair Wages and Healthy Families...more

Ninth Circuit Clarifies Tribal Arm Sovereign Immunity Factors

The Ninth Circuit, in U.S. ex rel. Fawn Cain et al. v. Salish Kootenai College Inc. et al., recently reversed a lower court's dismissal of a False Claims Act lawsuit by former Salish Kootenai College employees. The False...more

Tribe's Indemnification of Employee Does Not Confer Sovereign Immunity

On April 25, 2017, the U.S. Supreme Court issued a much anticipated ruling, which may impact the ability of Tribes to rely on sovereign immunity in certain types of tort claims alleged against their employees....more

Arizona State Minimum Wage and Paid Sick Leave Requirements Survive Legal Challenge

Arizona's top court rejected a challenge by the Arizona Chamber of Commerce and other business groups to overturn Proposition 206, which implemented a higher minimum wage and paid sick time accrual requirements. ...more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

Arizona's New Minimum Wage and Paid Sick Time Law

11/29/2016 On November 8, 2016, the voters in Arizona passed the Minimum Wage and Paid Sick Time Off Initiative, also known as Proposition 206. The paid sick time component of the law will go into effect July 1, 2017, while...more

SCOTUS to Decide if Sovereign Immunity of an Indian Tribe Bars Individual Damages Actions

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke. The Supreme Court will resolve a Circuit split about whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal...more

Ninth Circuit Finds That Requiring Employees to Sign Class Action Waivers Violates the NLRA

In a recent opinion, Morris v. Ernst & Young, the Ninth Circuit Court of Appeals followed the Seventh Circuit and held that employers violate the National Labor Relations Act (NLRA) when they require employees to sign an...more

Ninth Circuit Finds That Removal of Action to Federal Court Does Not Waive Tribe's Sovereign Immunity

In a precedential opinion, the Ninth Circuit Court of Appeals recently chose to follow the lead of the Eleventh Circuit, holding that tribes do not waive sovereign immunity merely by removing a case to federal court. This...more

Tribal Employment and Jobs Protection Act Seeks to Exempt Native American Tribes from ACA

The Tribal Employment and Jobs Protection Act (H.R. 3080) could have a big impact on tribes if it becomes law. The legislation, which was passed by the U.S. House Ways and Means Committee June 15, seeks to exempt Native...more

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