As expected, a Texas federal court issued a ruling on August 20, 2024, declaring that the Federal Trade Commission’s (“FTC’s”) new rule purporting to ban nearly all noncompete agreements shall not “take effect on its...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Set-Asides ,
Statutory Authority ,
Texas
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a new rule that will dramatically impact employers that use noncompete agreements to protect their business interests. In January 2023, the FTC...more
On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to propose a rule that, if adopted, will dramatically impact companies that use noncompete agreements to protect their business interests. Under the proposed...more
1/9/2023
/ Competition ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Former Employee ,
New Rules ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Popular ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
The wait is finally over. Yesterday, January 13, 2022, the Supreme Court of the United States (SCOTUS) rendered two much-anticipated opinions announcing whether federal regulations mandating workplace COVID-19 precautions...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Judge Terry A. Doughty of the United States District Court for the Western District of Louisiana has ordered that the U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services are enjoined...more
12/1/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Injunctions ,
Restraining Orders ,
State and Local Government ,
Suppliers ,
Vaccinations
The American Rescue Plan Act of 2021 (“ARPA”) includes a valuable benefit for an employee who has lost (or loses) healthcare coverage due to an involuntary termination or reduction in hours — up to 6 months of free COBRA...more
4/2/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Dependent Care ,
Employee Benefits ,
Employer Liability Issues ,
Health Insurance ,
New Legislation ,
Notice Requirements ,
Popular ,
Premium Subsidies ,
Relief Measures ,
Retroactivity
The American Rescue Plan Act of 2021 (“ARPA”) which became law on March 11, 2021, extends and expands an employer’s opportunities to receive payroll tax credits for employee paid leave under the Families First Coronavirus...more
3/23/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Employee Benefits ,
Employer Liability Issues ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Paid Leave ,
Popular ,
Relief Measures ,
Tax Credits
The Centers for Disease Control and Prevention (CDC) currently estimates that a limited supply of COVID-19 vaccine will become available before the end of 2020. While this is good news for those of us who look forward to...more
11/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Decision-Making Process ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
OSHA ,
Popular ,
State and Local Government ,
Vaccinations ,
Workplace Safety
COVID-19 and the related stay-at-home orders have impacted every employer differently. Some were able to shift to a telework model, while others modified their workplace operations or closed their doors completely. But, as...more
Employers: during a pandemic that appears to hit patients over 65 years and older the hardest, are you taking the appropriate steps to ensure that you do not discriminate against your older employees, while also protecting...more
The Families First Coronavirus Response Act (FFCRA), including the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLA) was enacted on March 18, 2020. As outlined in prior...more
THIS ARTICLE WAS UPDATED ON NOVEMBER 20, 2020.
As the number of individuals being tested and diagnosed with COVID-19 continues to increase, the likelihood that an employee will report a confirmed diagnosis also increases. ...more
I. BACKGROUND AND GENERAL GUIDANCE -
On January 31, 2020, Health and Human Services Secretary Alex M. Azar II declared a public health emergency (PHE) for the United States to aid the nation’s healthcare community in...more
COVID-19 is already impacting employers and that impact will be ongoing. As the situation regarding COVID-19 continues to evolve, we will continue to monitor frequently asked questions and prepare our best answers with the...more
3/17/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Response ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Pending Legislation ,
Telecommuting ,
Wage and Hour ,
Workplace Safety