We first discussed the Federal Trade Commission’s (FTC) Proposed Rule banning noncompete agreements in our January 9, 2023, Client Alert, and again on April 25, 2024, when the FTC issued its Final Rule. The effective date of...more
Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more
This issue was first discussed in our January 9, 2023 Client Alert when the Federal Trade Commission (FTC) issued its Proposed Rule Banning Noncompetes. The FTC has now issued its Final Rule on April 23, 2024. As predicted,...more
The Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board is a victory for employers seeking to enforce their uniform requirement without fear of running afoul of federal labor laws. The decision affirms...more
The National Labor Relations Act (NLRA) is a federal law that applies to both unionized and nonunionized workplaces. The government agency responsible for enforcing the NLRA is the National Labor Relations Board (NLRB or the...more
In July of 2021, as part of “a whole-of-government effort to promote competition in the American economy,” President Biden issued an Executive Order on Promoting Competition in the American Economy, encouraging the Federal...more
1/10/2023
/ Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
NPRM ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
In this edition of #NoFilter, we will examine a recent September 16, 2022, decision from the Fifth Circuit Court of Appeals upholding a Texas state law impacting the power of social media platforms to moderate content on...more
In this special edition of #No Filter, we will examine a recent May 20, 2022 decision from the Third Circuit Court of Appeals impacting the limits of permissible speech on social media. This time, however, we examine attempts...more
On October 11, 2021, Texas Governor Greg Abbott issued Executive Order No. GA-40 placing restrictions on any entity (including private employers) from issuing COVID-19 vaccine mandates, subject to legislative action. It is...more
10/14/2021
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Governor Abbott ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more
6/14/2021
/ Adverse Employment Action ,
American Airlines ,
Anti-Harassment Policies ,
Disability Discrimination ,
Disciplinary Proceedings ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Gender Discrimination ,
Hiring & Firing ,
Off-Duty Employees ,
Race Relations ,
Social Media ,
United Airlines
In light of recent guidance issued by the Center for Disease Control and the Equal Employment Opportunity Commission (EEOC), we have updated our Return to Work Checklist. This checklist is designed to help employers navigate...more
6/8/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
OSHA ,
Public Health ,
Re-Opening Guidelines ,
Social Distancing ,
Telecommuting ,
Workplace Safety
Mandatory vaccination policies have long been common in the health care field with respect to illnesses like measles and the flu, but have not been implemented on a wide spread basis. To date, courts have generally found such...more
1/22/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the Act), sweeping legislation that provides paid leave for millions of Americans dealing with the coronavirus....more
On March 17, 2020, Texas Governor Greg Abbot formally requested the U.S. Small Business Administration declare a disaster for the entire state of Texas pursuant to 13 CFR § 123.3 to address the impact of the coronavirus on...more
Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more
9/13/2019
/ Anonymity ,
Damages ,
Disparagement ,
Embedded Tweets ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Filing Grievances ,
Harassment ,
Hiring & Firing ,
LGBTQ ,
Online Reviews ,
Recruitment Policies ,
Retaliation ,
Risk Management ,
Sexual Orientation Discrimination ,
Social Media ,
Social Media Policy ,
Social Networks ,
Southwest Airlines ,
Wrongful Termination
Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more
4/25/2019
/ Disability Discrimination ,
Embedded Tweets ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Essential Functions ,
Failure to Accommodate ,
Harassment ,
Hiring & Firing ,
Popular ,
Reasonable Accommodation ,
Social Media Policy
On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an employer-friendly opinion, clarifying the level of “control” an employer may exercise over its independent contractors under the Fair...more
Last month Michigan became the 10th state to approve the legal, recreational use of marijuana. With the addition of Michigan, nearly 80 million Americans (approximately 25% of the US population) live in areas with...more
Although one can never be fully prepared for a natural disaster, it is important to be aware of the federal and state laws implicated in such situations. With hurricane season in full swing and in the aftermath of Hurricane...more
In a July 17, 2018 opinion, the U.S. Court of Appeals for the Sixth Circuit held “full-time presence at work is not an essential function.” In so holding, the Sixth Circuit reversed the trial court’s grant of summary judgment...more
Last month Austin, Texas became the first city in Texas and the Southern United States to pass an ordinance mandating paid sick leave for approximately 87,000 Austin workers. Almost immediately, the law came under fire from...more