On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban.
The Florida court’s decision...more
8/19/2024
/ Antitrust Litigation ,
Compliance ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Pending Litigation ,
Restrictive Covenants ,
Stays ,
Unfair Competition
On July 3, 2024, the U.S. District Court for the Northern District of Texas granted a preliminary injunction staying enforcement of the Federal Trade Commission’s (FTC) final rule prohibiting noncompetition employment...more
On June 17, 2024, a federal court in Louisiana issued a preliminary injunction blocking the enforcement in Louisiana and Mississippi of the portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule...more
7/1/2024
/ Abortion ,
Chevron Deference ,
Chevron v NRDC ,
Dobbs v. Jackson Women’s Health Organization ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Preliminary Injunctions ,
Reasonable Accommodation ,
Reproductive Healthcare Issues ,
Standing ,
Statutory Authority ,
Title VII
On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor...more
On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more
5/28/2024
/ Corporate Executives ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Former Employee ,
Non-Compete Agreements ,
Notice Requirements ,
Popular ,
Restrictive Covenants ,
Unfair Competition
On April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule that effectively prohibits the use of almost all non-compete clauses....more
On April 16, 2024, more than fifteen months after issuing a notice of proposed rulemaking that would ban noncompetes and nearly a year after the comment period closed, the Federal Trade Commission (FTC) announced it was...more
On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), clarifying employers’ responsibilities under...more
Implementation of the requirements for compliance with the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) has presented unique challenges to employers in the retail and restaurant industries due to...more
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) will publish its proposed regulations on the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA became effective on June 27,...more
8/10/2023
/ Americans with Disabilities Act (ADA) ,
Comment Period ,
Duty to Accommodate ,
Equal Employment Opportunity Commission (EEOC) ,
Lactation Accommodation ,
NPRM ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Public Comment ,
Reasonable Accommodation
In 1980, Texas became the first state in the United States to recognize Juneteenth as an official state holiday, and today all 50 states and the District of Columbia have recognized Juneteenth as a state holiday or...more
The National Labor Relations Board (NLRB) General Counsel (GC) issued a memorandum on May 30, 2023, declaring her opinion that the “proffer, maintenance, and enforcement” of noncompete agreements in employment contracts and...more
Remedies for enforcement of the new federal Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which requires most employers to provide both reasonable break time for employees to express milk for a...more
The recently passed Pregnant Workers Fairness Act (PWFA), set to go into effect on June 27, 2023, will require employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth,...more
For many employers, a new year is a new opportunity to update policies, procedures, and agreements—including restrictive covenants. In addition to ensuring compliance with applicable state requirements as to timing,...more
On January 10, 2023, the Illinois legislature passed the Paid Leave for All Workers (PLFAW) Act, making Illinois just the third state in the country (after Maine and Nevada) to require private employers to provide earned paid...more
On January 5, 2023, nearly eighteen months after President Biden signed an executive order directing the Federal Trade Commission (FTC) chair to “consider working with the rest of the Commission to exercise the FTC’s...more
On August 11, 2022, the U. S. Centers for Disease Control and Prevention (CDC) updated its guidance in light of the “high levels of vaccine- and infection-induced immunity and the availability of effective treatments...more
At the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) took the position that the Americans with Disabilities Act (ADA) standard for conducting medical examinations (job-related and...more
On November 15, 2021, the city of Des Moines, Iowa, passed a “ban-the-box” law that will limit employer inquiries and background checks into an applicant’s criminal history until after a conditional offer of employment....more
As COVID-19 cases and hospitalizations fall and certain states and localities drop mask mandates, the U.S. Centers for Disease Control and Prevention (CDC) updated its mask guidance on February 25, 2022, dropping public...more
On January 7, 2022, the Illinois Department of Labor (IDOL) filed peremptory rules adopting the U.S. Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS)....more
1/13/2022
/ Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Masks ,
OSHA ,
Public Employers ,
State Labor Departments ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 4, 2022, the U.S. Centers for Disease Control and Prevention (CDC) provided additional guidance in the wake of its December 27, 2021, update to recommended quarantine and isolation periods.
The CDC now...more
On December 23, 2021, Cook County, Illinois, issued Public Health Order No. 2021-11, joining the City of Chicago in requiring certain indoor establishments (including restaurants, gyms and fitness centers, and entertainment...more
12/31/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Enforcement ,
Enforcement Authority ,
Entertainment Venues ,
Hospitality Industry ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
OSHA ,
Public Health Emergency ,
Public Safety ,
Restaurant Industry ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
On December 27, 2021, the U.S. Centers for Disease Control and Prevention (CDC) updated its recommendation for lengths of quarantine and isolation in light of what is currently known about COVID-19 and the Omicron variant....more
12/29/2021
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Public Health ,
Quarantine ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety