On January 15, 2025, the U.S. Supreme Court decided E.M.D. Sales, Inc. v. Carrera, No. 23-217, holding that the Fair Labor Standards Act of 1938 requires an employer to demonstrate by a preponderance of the evidence, rather...more
As we have written about previously, an increasing number of states, and Washington, D.C., have limited the circumstances under which employers can bind their employees to non-compete and similar agreements, particularly when...more
Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a...more
5/11/2021
/ Department of Justice (DOJ) ,
Employee Mobility ,
Employer Liability Issues ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Objective Unreasonableness Standard ,
PA Supreme Court ,
Restraint of Trade ,
Restrictive Covenants ,
State and Local Government
In early February 2020, the Third Circuit Court of Appeals decided that a Philadelphia ordinance passed years ago could go into effect and that Philadelphia employers will no longer be able to ask job applicants about their...more
2/20/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
First Amendment ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour