Kilpatrick’s Brodie Erwin and Sarah Spangenburg recently presented an “Employment Law Update: What You Need to Know Now and Next” at the firm’s annual In-House Counsel Summit in Raleigh. Mr. Erwin and Ms. Spangenburg explored...more
On August 20, 2024, a federal district court in Texas ruled the U.S. Federal Trade Commission (“FTC”) cannot enforce its near-total ban on noncompete agreements that was set to go into effect in early September....more
On July 23, the federal district court for Eastern District of Pennsylvania in ATS Tree Services, LLC v. Federal Trade Commission denied the plaintiff’s motion to enjoin and stay the Federal Trade Commission’s (“FTC”) rule...more
As previously reported, the Federal Trade Commission (“FTC”) finalized a sweeping rule that, if effective, would ban nearly every post-employment non-compete provision. Lawsuits challenging the rule, which is scheduled to go...more
Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more
The Federal Trade Commission (FTC), in a tight 3–2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Non-compete agreements have never been regulated at the federal level and the FTC’s adoption...more
The Federal Trade Commission, in a tight 3-2 vote, recently voted to adopt a rule banning non-compete agreements nationwide. Noncompete agreements have never been regulated at the federal level and the FTC’s adoption of its...more
On June 27, 2023, the Pregnancy Workers Fairness Act (“PWFA”) went into effect requiring employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related...more
As we have reported on previously, efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year with several states, including California, Minnesota,...more
On Wednesday, April 17, 2024, the U.S. Supreme Court issued a ruling in Muldrow v. St Louis, No. 22-193, resolving a circuit split and holding Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discriminatory...more
As previously reported, federal agencies, such as the Federal Trade Commission and National Labor Relations Board, and several states are limiting the use of employee non-compete agreements or banning them altogether....more
Federal and state efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year. As Kilpatrick’s labor and employment team has written about previously,...more
Takeaway: On January 18, 2024, the California Supreme Court resolved a conflict between California’s Private Attorneys General Act (PAGA) and the “manageability” concept used by courts to evaluate whether class certification...more
On January 18, 2024, the California Supreme Court issued a long-awaited decision looking to resolve a conflict between California’s Private Attorneys General Act (PAGA) and a concept called “manageability” which refers to the...more
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On January 9, 2024, the long-awaited new, final rule on employee or independent contractor classification under the Fair Labor Standards Act was released by the Department of Labor. The final rule rescinds the...more
Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight into recent...more
On November 30, Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight...more
As many employers are aware, on Aug. 30, the U.S. Department of Labor announced a notice of proposed rulemaking regarding overtime eligibility....more
On Wednesday, August 30, 2023, the Department of Labor fulfilled its promise from its spring regulatory agenda and announced a Notice of Proposed Rulemaking (NPRM) regarding overtime eligibility. Prior to issuing this NPRM,...more
Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a “Know Your Rights” poster, replacing the previous “EEO is the Law” poster. A new version (dated October 20, 2022) of this poster was...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
In early September, President Biden issued a series of Executive Orders (“EO”)...more
Government contractors are no stranger to various regulatory requirements and two recent Executive Orders will require most contractors to comply with mandatory COVID-19 vaccination requirements. Last week, President Joe...more
Last week President Biden issued an executive order aimed at “promoting competition in the American economy.” Prior to the issuance of the order, the White House released a Fact Sheet which listed a stated goal of the...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its available guidance on COVID-19 and the pandemic’s interaction with the Americans with Disabilities Act (“ADA”) and other equal employment statutes....more