On August 20, the U.S. District Court for the Northern District of Texas in Ryan, LLC et al. v. Federal Trade Commission, granted the plaintiffs’ motions for summary judgment and found the Federal Trade Commission’s ban on...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Lack of Authority ,
Non-Compete Agreements ,
Set-Asides ,
Statutory Authority ,
Texas ,
Unfair Competition
The Federal Trade Commission has issued a final rule that largely bans all post-employment non-compete agreements, with limited exceptions. Two decisions in July addressed the FTC’s ban. One found the ban on post-employment...more
7/30/2024
/ Appeals ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Injunctions ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Popular ,
SCOTUS ,
Statutory Authority ,
Texas
On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more
7/10/2024
/ Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Government Agencies ,
Judicial Authority ,
Kansas ,
Labor Law Violations ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
SCOTUS ,
Statute of Limitations ,
Statutory Interpretation ,
Texas
The FTC recently found that non-compete agreements are an unfair method of competition, and issued a final ruling that bans non-compete agreements. The commission predicts the nationwide ban will encourage innovation,...more
5/8/2024
/ Confidential Information ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Startups ,
Unfair Competition
The United States Chamber of Commerce and other trade groups sued the Federal Trade Commission in the United States District Court for the Eastern District of Texas on April 24, in Chamber Of Commerce Of The United States Of...more
4/30/2024
/ Arbitrary and Capricious ,
Class Action ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Motion for Summary Judgment ,
Motion To Enjoin ,
Motion to Vacate ,
Non-Compete Agreements ,
Restrictive Covenants
On April 23, 2024, the Federal Trade Commission announced it will be issuing a final rule that bans most post-employment non-competition agreements retroactively. Absent a court order to enjoin the rule, the ban will become...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
On January 9, 2024, the U.S. Department of Labor’s Wage and Hour Division announced a final rule that revises the DOL’s interpretation of worker classification (employees versus independent contractors) under the Fair Labor...more
1/17/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
The Bureau of Labor and Industries issued the final rules regarding the changes to the manufacturing overtime laws on December 27, 2017. The rules became effective on January 1, 2018. BOLI promulgated the new overtime rules...more
On Friday, October 20, 2017, the Department of Labor and Industries issued its final paid sick leave rules addressing employer requirements and employee rights under Initiative 1433.
Beginning on January 1, 2018, all...more
10/24/2017
/ Collective Bargaining ,
Department of Labor (DOL) ,
Employment Policies ,
Final Rules ,
Good Cause ,
Paid Leave ,
Paid Time Off (PTO) ,
Policies and Procedures ,
Sick Leave ,
State Labor Laws ,
Wage and Hour