The Federal Trade Commission’s (FTC) nationwide ban on post-employment noncompetition agreements is no more following a Northern District of Texas judge’s ruling imposing a nationwide permanent injunction. Although a long and...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 ,
Statutory Authority ,
Texas
Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more
4/24/2024
/ Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
NLRB General Counsel ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
NRLA ,
Restrictive Covenants ,
Unfair Competition
The US Department of Labor, Wage and Hour Division (DOL) released its Notice of Proposed Rulemaking (NPRM) pertaining to independent contractor analysis on October 11, 2022. The proposed rule is intended to revise the...more
After notice of proposed rulemaking and request for comments, the NLRB released its final rule for governing joint employer status under the NLRA—which takes effect on April 27, 2020. Per the NLRB’s press release, “[t]he...more
2/27/2020
/ Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
NPRM ,
Right to Control ,
Rulemaking Process ,
Staffing Agencies
On September 24, 2019, the DOL announced new rules regarding the salary requirement for exempt employees under the FLSA. The DOL stated that the new rules would make 1.3 million American workers eligible for overtime...more