On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather...more
In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most...more
12/27/2024
/ Appeals ,
California ,
Confidentiality Agreements ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Private Right of Action ,
Rulemaking Process ,
Severance Agreements
The Federal Trade Commission (FTC), in a 3-2 party-line vote last week, ordered a New York City area building services contractor, Guardian Service Industries, Inc. (Guardian), to rescind all "no-hire" agreements, including...more
Join us for DWT’s Second Annual Employment Services seminar for Washington, D.C.-area clients and contacts on Tuesday, November 19. The agenda is now available!...more
11/5/2024
/ Artificial Intelligence ,
Bias ,
Continuing Legal Education ,
Employee Mobility ,
Employer Liability Issues ,
Employer Rights ,
Employment Contract ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Injunctions ,
Job Applicants ,
Misclassification ,
Non-Compete Agreements ,
Recruitment Policies ,
Trade Secrets ,
Wage and Hour ,
Webinars
Continuing in the vein of earlier attempts to crack down on non-competition agreements for employees who are covered under the National Labor Relations Act (the "Act"), the General Counsel of the National Labor Relations...more
In one of the most highly anticipated court rulings of the summer, on August 20, 2024, the U.S. District Court for the Northern District of Texas concluded that the FTC's Non-Compete Rule, which makes most non-compete...more
D.C. businesses that utilize independent contractors would be well advised to review and revise their independent contractor relationships in light of an increased focus by the D.C. Office of the Attorney General ("OAG") on...more
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania issued a decision greenlighting the Federal Trade Commission's (FTC) final rule banning most non-compete agreements in the United States and...more
The FTC's rule invalidating most non-competition clauses in the United States would have gone into effect on September 4, 2024; now the FTC's rule is on indefinite hold as this court decision winds its way through the appeals...more
Update: The FTC published the Final Non-Compete Clause Rule on May 7, 2024, with an effective date of September 4, 2024. We have updated this advisory, originally published April 23, 2024, after the vote to approve the final...more
5/9/2024
/ Corporate Executives ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Popular ,
Restrictive Covenants ,
Trade Secrets
Occam's Razor holds that sometimes the simplest explanation is the right one. On April 23, 2024, the U.S. Federal Trade Commission ("FTC") took such a view, announcing in a 3-2 vote along party lines that, as the U.S. agency...more
4/24/2024
/ Department of Labor (DOL) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Intellectual Property Protection ,
Memorandum of Understanding ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
U.S. Commerce Department
The District of Columbia Department of Employment Services ("DOES") has announced a minimum wage increase for all D.C. workers and tipped employees beginning July 1, 2024.
Here's what employers need to know:
Minimum...more
FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly...more
Equity and capital forfeiture for competition provisions given less scrutiny than other post-employment restrictive covenants -
Companies subject to Delaware law were handed a welcome surprise in a recent Delaware Supreme...more
Employers in the District of Columbia that use noncompete agreements take note: the D.C. Office of the Attorney General ("OAG") is aggressively using its powers to crack down and assess penalties on businesses that violate...more
On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements...more