In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Permanent Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
The U.S. District Court for the Northern District of Texas in Ryan LLC v. Federal Trade Commission issued an order July 3, 2024, enjoining the Federal Trade Commission (FTC) from enforcing its Non-Compete Rule (Rule). The...more
The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preemption ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The U.S. Supreme Court today heard oral argument on applications to stay both the Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) vaccine mandates. As in prior cases...more
The litigation over federal vaccine mandates has encountered its latest dramatic twist. The U.S. Supreme Court will hear oral argument on Jan. 7, 2022, on whether to stay lower-court decisions on the Occupational Health and...more
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees companywide. The ETS requires, with certain exceptions,...more
12/20/2021
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Masks ,
Multidistrict Litigation ,
Order to Lift Stay ,
OSHA ,
Petition for Writ of Certiorari ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
After a total of seven known cases of the Omicron variant had reportedly been confirmed in New York City, on Dec. 6, 2021, Mayor Bill de Blasio announced a first-of-its-kind mandate requiring all private sector employers to...more
OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees firmwide or companywide. The ETS requires, with certain...more
On Nov. 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the Occupational Safety and Health Administration's (OSHA) emergency temporary standard (ETS) on COVID-19 vaccination and testing. The Fifth...more
The Occupational Safety and Health Administration (OSHA) on Aug. 13, 2021, updated its advisory guidance on mitigating and preventing the spread of COVID-19 in the workplace for both vaccinated and unvaccinated workers...more
The Occupational Safety and Health Administration (OSHA) on June 10, 2021, issued an Emergency Temporary Standard (ETS) to address the current state of the COVID-19 pandemic and its continuing impact on the workplace. The...more
Employers are potentially eligible for a new round of Paycheck Protection Program (PPP) loans through the U.S. Small Business Administration (SBA). The SBA PPP loan application requires borrowers to certify that they are, to...more
President Joe Biden issued an executive order on Jan. 21, 2021, directed at the health and safety of American workers and workplace safety. Within days, on Jan. 29, 2021, the Occupational Safety and Health Administration...more
The long-awaited COVID-19 vaccinations are finally available, and the inoculation process has begun in the United States. Employers, with the anticipation of widespread availability of the vaccine in the coming months, are...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety
The California Supreme Court's recent opinions in Oman v. Delta Air Lines, Inc. and Ward v. United Airlines, Inc. clarify when, and under what circumstances, employees who even occasionally work in California are entitled to...more
7/10/2020
/ Airlines ,
CA Supreme Court ,
Class Action ,
Collective Bargaining Agreements (CBA) ,
Delta Airlines ,
Labor Law Violations ,
Penalties ,
State Labor Laws ,
Traveling Employee ,
United Airlines ,
Wage and Hour ,
Wage Orders ,
Wage Statements
The Occupational Safety and Health Administration (OSHA) has released reopening guidance for businesses deemed "non-essential" by local authorities. This guidance, released on June 18, 2020, was developed to supplement OSHA's...more
The COVID-19 pandemic has altered the reality of workplace safety and corresponding industry standards. Employers face dramatically different workplace challenges and resulting new obligations regarding safety precautions and...more
Following the outbreak of novel coronavirus (COVID-19), federal agencies published new and revised guidance that address employers' obligations to protect the health and safety of their employees (which may also include...more
The fluid and fast-changing impact of the novel coronavirus (COVID-19), with an ever-increasing number of diagnosed cases, has left many employers wondering what their obligations are to the Occupational Safety and Health...more
Within the last several days, New York and New Jersey took action to mitigate the impact of the coronavirus (COVID-19) pandemic on employees and to help protect their employment status during this uncertain economic time....more
The National Labor Relations Board (NLRB) has held that a unit selected for organizing by the International Association of Machinists and Aerospace Workers (IAM) – one including approximately 180 jet mechanics at Boeing's...more
The National Labor Relations Board (NLRB or Board), in a long-anticipated 3-2 decision along party lines, established a new and broader standard for determining whether two separate companies will be deemed joint employers...more
9/4/2015
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisee ,
Franchisors ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Subcontractors ,
Unions ,
Wage and Hour
On Jan. 1, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) final rule takes effect requiring employers to notify OSHA within eight hours, when an employee is killed on the job; and...more
The National Labor Relations Board, on May 12, 2014, solicited amicus briefs on whether the board's current joint-employer standard should be changed. It is unmistakable that the Democratic majority on the board has its...more
The Occupational Safety and Health Administration's policy of assessing safety violations on a company-wide basis is in full force. OSHA is assessing the higher penalties associated with repeat safety violations made by...more
1/22/2014