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Court Direction on FTC’s Noncompete Ban Expected This Summer

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

Labor and employment class actions increase by 10%

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

Second Circuit Clarifies Standards for Applying Presumption in Favor of Arbitration

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

Companies See Big Rise in Labor & Employment Class Actions and Defense Spending

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

Decision Against McDonald’s Includes Important Lessons For Employers About Sexual Harassment in the Workplace

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

New Salary Range Disclosure Law May Create Headaches for Connecticut Employers

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

Federal Judge Blocks Significant Portions of DOL's Joint Employer Rule

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

5 Employment Policies to Draft or Redraft With Coronavirus Hindsight

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

Court Enforces Arbitration Agreement Incorporated Into “Notice to Employees”

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

Alabama District Court Enforces Arbitration Clause Related to Disability Policy Over Unconscionability Claim

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

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