Latest Publications

Share:

Federal Judge in Texas Blocks FTC's Noncompete Rule

On August 20, 2024, the United States District Court for the Northern District of Texas issued an order setting aside the Federal Trade Commission’s (FTC) ban on employee noncompetes (the “Noncompete Rule”). While the same...more

Update on Union Organizing Activity — Mercedes Benz Staves off Alabama Union Organizing Campaign

The United Auto Workers (UAW) has lost an election at two Mercedes Benz plants in Vance, Alabama. The May 2024 loss reflected that workers turned down the union by a significant margin (56% to 44%)....more

FTC Finalizes Rule Against Employee Noncompetes

On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more

Employers Take Note: OSHA Publishes Final “Walkaround” Rules

On April 1, 2024, the U.S. Department of Labor (DOL) published its final rule on who is allowed to be present for an OSHA inspection. The rule becomes effective on May 31, 2024. By way of background, both the employer and...more

DOL Seeks to Change Exempt Salary Threshold

Employers of salaried workers beware — you may soon have to give raises to members of your workforce in order to keep them exempt from overtime entitlement. On August 30, 2023, the U.S. Department of Labor (DOL)...more

EEOC’S Proposed Regulations Interpret the Pregnant Workers Fairness Act

As our readers may be aware, President Biden ended 2022 by signing the Pregnant Workers Fairness Act (PWFA) into law. The PWFA requires employers with at least 15 employees to provide reasonable accommodations to a qualified...more

My Employees Are Using ChatGPT. What Now?

In the rapidly evolving world of artificial intelligence (AI), one development stands out for its transformative potential: the rise of generative AI tools. Many major technology companies are building the large language...more

Not Enough Money to Make the Next Payroll? Know the Law Before You Act

Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced...more

Labor and Employment FAQs In Light of Uncertain Financial Times

Notwithstanding the very recent good news that it appears the federal government and regulators currently have control and a plan in place to limit the impact of Silicon Valley Bank’s (SVB) and Signature Bank’s recent...more

Energy Industry and Wage and Hour Compliance Issues

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Strictly Confidential? Labor Board Flip-Flops Again on Severance Agreement Confidentiality and Non-Disparagement Terms

On February 21, 2023, the National Labor Relations Board (the “Board”) held that an employer violates Section 8(a)(1) of the National Labor Relations Act (the “Act”) when it offers employees severance agreements with certain...more

New Jersey’s Expanded WARN Obligation to Take Effect in April 2023

It has been three years since we updated you on New Jersey’s law that proposed to amend the state’s mini-WARN Act (Millville Dallas Airmotive Plant Job Loss Notification Act). As we reported at the time, the law was...more

DOL Seeks to Restore the Totality-of-the-Circumstances Approach to the Test for Independent Contractor Classification

The Department of Labor has issued a new proposed rule to provide guidance on the classification of independent contractors and employees under the Fair Labor Standards Act and as discussed by Foley’s Labor and Employment...more

Franchisor Victorious in Employment Misclassification Case

A federal court in Massachusetts granted summary judgment in favor of a franchisor in a long-running case against its franchisees. In Patel et al. v. 7-Eleven, Inc., five 7-Eleven store owners brought suit claiming 7-Eleven...more

Foley Manufacturing Update - November 2022

The most recent article in Foley & Lardner’s Supply Chain Disruption Series provides background on a number of key terms and conditions for buyers and sellers in the supply chain to consider in commercial forms. Click here to...more

Massachusetts Court of Appeals Gives Victory to Employers in Interpretation of ABC Test

A recent decision on the scope of the so-called ABC Test gives guidance to firms using independent contractors. In Tiger Home Inspection, Inc. v. Director of the Dept. of Unemployment Assistance, a Massachusetts appeals court...more

Foley Manufacturing Update - October 2022

Key Developments - The most recent article in Foley & Lardner’s Supply Chain Disruption Series shared a number of key takeaways pertaining to accurate and compliant regulatory disclosures in areas including COVID-19...more

Foley Manufacturing Update - September 2022 - 2

This news summary is provided by Foley’s Competitive Intelligence Team to inform business leaders of recent news and developments relevant to the Manufacturing Sector. ...more

Foley Manufacturing Update - September 2022

Key developments - The most recent article in Foley & Lardner’s Supply Chain Disruption Series provides an overview of current issues affecting the production and supply of lithium-ion batteries . Click here to subscribe...more

Foley Manufacturing Update - August 2022

Key Developments - The sixth installment of Foley & Lardner’s Supply Chain Disruption Series addresses some of the factors to consider pertaining to intellectual property licensing in supply agreements. Click here to...more

Several States have Enacted Broad Ban on Non-disclosure Agreements

When drafting employment separation or severance agreements, it is relatively common to include non-disclosure and non-disparagement provisions in the documents. The notion is that in return for payment to the former...more

EEOC Drops New Guidance on COVID-19 Testing

More than two years into the COVID-19 pandemic, and in the face of all sorts of uncertainty amid multiple new variants and waves of infection, employers could at least be confident of one thing – it is generally okay to...more

An ADA Refresher For Cos. Navigating Remote Work Requests

After roughly two years of isolation, the COVID-19 pandemic finally seems to be dissipating, which means employers across the country are starting to summon employees back to the office. Not all employees are thrilled...more

NLRB Announces it Will Revisit its FedEx and SuperShuttle Decisions in Atlanta Opera

On Monday, December 27, 2021, the National Labor Relations Board (the “Board” or the “NLRB”) issued a notice of proposed rulemaking and invited public participation in reconsidering the test for classifying independent...more

86 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide