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Texas Court Strikes Down FTC Noncompete Ban

On August 20, 2024, United States Court District Judge Ada Brown ruled that the Federal Trade Commission (“FTC”) lacked the authority to promulgate and enforce its Non-Compete Clause Rule (the “FTC Noncompete Ban”). The...more

Texas Judge Finds FTC Noncompete Rule Likely Unlawful But Limits Scope of Relief

On July 3, 2024, federal district court Judge Ada Brown (N.D. Texas) issued an order enjoining the FTC from implementing its Final Rule on Non-Competes (“Final Rule”), but limited the injunctive relief to only those parties...more

U.S. Department of Labor Issues Final Rule on Independent Contractor Classification under the FLSA

On January 10, 2024, the U.S. Department of Labor (the “Department”) published a final rule (the “Final Rule”) revising the Department’s guidance on the proper standard for analyzing whether a worker is an employee or...more

Passage of Expansion of California Noncompetition Ban Requires Employers to Provide Notices to Employees and Former Employees by...

States continue to legislate the enforceability of post-employment restrictive covenants. As such, employers scattered throughout the country must be mindful of how state law impacts drafting and enforcement of agreements...more

NLRB Tightens Standards for Confidentiality and Nondisparagement Clauses in Severance Agreements

On February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023) that an employer violated Section 8(a) of the National Labor Relations Act (“NLRA” or the “Act”) by...more

FTC Focuses Attention on Noncompetition Agreements and Proposes Ban On Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (“FTC”), the agency that enforces federal antitrust statutes, issued a proposed rule that, if enacted, would ban all employee non-compete clauses (the “FTC Rule”). The FTC...more

EEOC Publishes Updated “Know Your Rights” Poster

On October 19, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) released the “Know Your Rights” poster. This new poster replaces the previous “EEO is the Law” poster which employers are required to...more

City of Boston Mandates COVID-19 Vaccine for Entrants of Certain Establishments

Citing concerns over climbing COVID-19 positivity rates and the desire to increase vaccinations, on December 20, 2021, the City of Boston announced that beginning January 15, 2022, certain public occupancy establishments will...more

Massachusetts Attorney General Updates FAQ on COVID-19 to Address Vaccine or Test Issues

On or about December 10, 2021, the Massachusetts Attorney General’s Fair Labor Division (“FLD”) updated its set of “Frequently Asked Questions About COVID-19: Employee Rights and Employer Responsibilities.” The update...more

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