On Thursday, June 5, 2025, the Supreme Court unanimously rejected the notion that Title VII of the Civil Rights Act of 1964 (“Title VII”) imposes special requirements on a “majority-group” plaintiff trying to make an initial...more
6/12/2025
/ Ames v Ohio Department of Youth Services ,
Appeals ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more
12/24/2024
/ Anti-Harassment Policies ,
Artificial Intelligence ,
Classification ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Labor Reform ,
Legislative Agendas ,
Loper Bright Enterprises v Raimondo ,
Machine Learning ,
Muldrow v City of St Louis ,
New Guidance ,
New Legislation ,
New Regulations ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Over-Time ,
Pregnant Workers Fairness Act ,
Regulatory Agenda ,
Reverse Discrimination ,
SCOTUS ,
SEC v Jarkesy ,
State Labor Laws ,
Wage and Hour ,
Workplace Harassment Guidance ,
Workplace Safety
On October 7, 2024, the General Counsel for the National Labor Relations Board (“NLRB”) issued a memorandum offering her perspective on damages employers may face when enforcing allegedly unlawful non-compete agreements, and...more
10/11/2024
/ Contract Terms ,
Damages ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Labor Law Violations ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Restrictive Covenants
On August 20, 2024, a Texas federal court ruled that the FTC’s final rule banning most non-compete agreements (the “Non-Compete Rule”) cannot go into effect as scheduled. Many employers had been preparing to comply with the...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Set-Asides ,
Statutory Authority ,
Texas
On July 23, 2024 a Federal District Court in Pennsylvania denied an employer plaintiff’s efforts to temporarily halt implementation and enforcement of the FTC’s final rule banning “non-compete clauses” (the “Final Rule”). The...more
On Wednesday, July 3, a federal District Court in Texas temporarily halted implementation and enforcement of the FTC’s final rule banning “non-compete clauses” (the “Final Rule”) as to the several employer plaintiffs in the...more
On Tuesday, April 23, the Federal Trade Commission (FTC) issued a proposed final rule banning most non-compete agreements between an employer and its workers. The Final Rule aims to have a significant impact on the future of...more
4/25/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
Brooks Pierce attorneys Beth Langley, Kemper Patton and Mark Davidson will present a labor and employment webinar on July 20 titled, “AI Usage in the Workplace and the Employment Implications of the Corporate Transparency...more
In three long-awaited decisions released on June 29-30, the Supreme Court has altered the legal landscape between an employer and its employees. One decision concerning affirmative action and the use of race-based decision...more
7/3/2023
/ Affirmative Action ,
Bias ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Employer Liability Issues ,
Harvard University ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Title VII ,
USPS
In its most recent employment decision, the Supreme Court rejected an employer’s efforts to avoid paying overtime to a highly-compensated oil rig employee, finding that the employee’s daily pay rate did not satisfy the...more
3/3/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Multi-Factor Test ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
The Consolidated Appropriations Act for 2023 (CAA) was signed into law on December 29, 2022, while many Americans were visiting family or sleeping off a month of sugary treats. Despite its timing, there’s nothing “sleepy”...more