On August 20, 2024, the United States District Court for the Northern District of Texas issued a nationwide ruling blocking the implementation of the final Noncompete Rule (the “Final Rule”) announced by the U.S. Federal...more
On July 3, 2024, in Ryan LLC et al. v. Federal Trade Commission, the United States District Court for the Northern District of Texas issued a much-anticipated ruling on the final Noncompete Rule (the “Final Rule”) announced...more
7/9/2024
/ Administrative Procedure Act ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Texas
As widely covered, the United States Department of Labor (“DOL”), in April 2024, issued a new rule that increased the salary thresholds for the overtime exemptions for executive, administrative, and professional (“EAP”)...more
On April 23, 2024, the U.S. Department of Labor issued a Final Rule, “Defining and Delimiting the Exemptions for Executive, Professional, Outside Sales, and Computer Employees” (the “Final Rule”), that raises the salary...more
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule effectively banning non-compete agreements in the employment context. This final rule follows a proposed rule published by the FTC on January 5,...more
On June 29, 2023, the Supreme Court of the United States handed down its unanimous decision in Groff v. DeJoy, which heightened the burden that employers bear in proving that an employee’s request for a religious...more
7/21/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship
On January 5, 2023, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking (“NPRM”), which “would, among other things, provide that it is an unfair method of competition for an employer to enter into or...more
On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule revising its guidance on classifying workers as independent contractors for purposes of the Fair Labor Standards Act (“FLSA”). This proposed rule...more
Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more
2/1/2022
/ Advertising ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Healthcare ,
Healthcare Workers ,
Infectious Diseases ,
Life Sciences ,
Medical Devices ,
National Federation of Independent Business v Department of Labor and OSHA ,
OPDP ,
Opioid ,
OSHA ,
Pharmaceutical Industry ,
Prescription Drugs ,
Supply Chain ,
Vaccinations
On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more
1/21/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
While most healthcare providers have been struggling with staffing during the holidays, the Centers for Medicare and Medicaid Services (“CMS”) has been active in providing an enforcement update on the Omnibus COVID-19 Health...more
On November 6, 2021, two days after the Occupational Health and Safety Administration (“OSHA”) issued its highly anticipated COVID-19 Vaccine & Testing Mandate Emergency Temporary Standard (the “ETS”), the Fifth Circuit Court...more
In the course of 24 hours, two federal district courts, one in Missouri and one in Louisiana, issued preliminary injunctions that prevent the Centers for Medicare and Medicaid Services (“CMS”) from implementing and enforcing...more
On November 30, 2021, the United States District Court for the Eastern District of Kentucky in the lawsuit, Commonwealth of Kentucky et al. v. Joseph R. Biden et al., Civil Action No. 3:21-cv-00055-GFVT, granted a preliminary...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Injunctive Relief ,
Lack of Authority ,
OSHA ,
Vaccinations ,
Workplace Safety
On November 16, 2021, the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) was selected to hear the many legal disputes relating to OSHA’s recent Emergency Temporary Standard (“ETS”) that proliferated in...more
On November 4, 2021, Occupational Health and Safety Administration (“OSHA”) issued its highly anticipated Emergency Temporary Standard (the “ETS” or the “Mandate”) requiring U.S. employers with 100 or more employees to...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Stay ,
New Rules ,
OSHA ,
Public Health Emergency ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Arnall Golden Gregory LLP's Food & Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of our Food & Drug practice, as well as from...more
On September 9, 2021, President Biden announced a sweeping action plan to address the ongoing COVID-19 pandemic in the United States, entitled The Path Out of the Pandemic. This plan is based on six pillars identified by the...more
With the reopening of large segments of the workplace and the emergence of the Delta variant, employers have grappled with difficult and often polarizing issues regarding how to implement COVID-19 vaccination protocols in the...more
The healthcare industry has finally received long-awaited guidance from the Occupational Safety and Health Administration (“OSHA”) regarding COVID-19 protection standards. On June 10, 2021, OSHA issued an Emergency Temporary...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 Technical Assistance Questions and Answers (“Q&A”) page to add significant additional information regarding the range of options...more
On May 13, 2021, the Centers for Disease Control and Prevention issued updated guidance stating that fully vaccinated people no longer need to wear a mask or physically distance, including if indoors. Fully vaccinated...more
On April 27, 2021, President Biden issued an Executive Order requiring federal contractors and subcontractors to pay a minimum wage of no less than $15.00 per hour to all workers who are working on federal construction and/or...more
With COVID-19 vaccines now being distributed to healthcare facilities, including hospitals, long-term care, and other healthcare providers, employers in these industries are faced with an immediate decision: whether to...more
12/22/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Emergency Use Authorization (EUA) ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Food and Drug Administration (FDA) ,
Healthcare Facilities ,
Hospitals ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
Just as the first batches of the COVID-19 vaccine are being distributed, the Equal Employment Opportunity Commission (EEOC) issued long-awaited guidance for employers regarding how to implement vaccines in a manner consistent...more