The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more
5/3/2024
/ Administrative Procedure Act ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Compete Agreements
The 2024 Carlton Fields Class Action Survey has revealed that labor and employment class actions jumped approximately 10% in the last year. Nearly four out of five companies surveyed reported that they faced a labor and...more
The Second Circuit Court of Appeals recently clarified its process for determining whether a court can apply a presumption of arbitrability. The court noted that its traditional process for making that determination does not...more
The 2023 Carlton Fields Class Action Survey has revealed a significant increase in the number of labor and employment class action lawsuits and the amount companies are spending to defend those lawsuits. That is sobering news...more
A decision by the Delaware Court of Chancery allowing shareholders to sue McDonald’s over an alleged “toxic culture” of sexual harassment and misconduct at McDonald’s provides a stark reminder that employers must actually...more
Connecticut has enacted a law that will, starting October 1, 2021, require employers of all sizes to disclose to employees and applicants "wage range" information. In the case of a job applicant, employers will be required to...more
On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more
9/16/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Rules ,
Rulemaking Process ,
Wage and Hour
If you’re like most businesses, you’re eager to reopen or return to “normal” operations as soon as possible. But before you reopen your offices and businesses—and perhaps while you have some extra time on your hands—it’s a...more
The economy is strong. Unemployment continues to hover around 4%, the lowest it has been in decades. Yet there are growing concerns that a recession is coming.
Originally published in HR Daily Advisor....more
1/8/2020
/ Dow Jones ,
Economic Downturn ,
Employee Retention ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Federal Labor Laws ,
Financial Markets ,
Harassment ,
Hiring & Firing ,
Human Resources Professionals ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
Policies and Procedures ,
Recessions ,
Regulatory Requirements ,
Risk Management ,
Triggering Event ,
Trump Administration ,
Unemployment ,
WARN Act
The U.S. District Court for the Northern District of Texas compelled arbitration in a putative Fair Labor Standards Act class action based on language in a “notice to employees” that put the plaintiffs on notice that they...more
11/19/2019
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Contract Terms ,
Electronic Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Illusory Contracts ,
Labor Law Violations ,
Labor Regulations ,
Motion to Compel ,
Putative Class Actions ,
Unconscionable Contracts
The U.S. District Court for the Northern District of Alabama has compelled arbitration despite a former employee’s claim that the arbitration clause in the policy at issue was unconscionable under the circumstances related to...more