Yesterday, the United States District Court for the Northern District of Texas set aside the Federal Trade Commission’s (FTC) rule banning most noncompete agreements (the Noncompete Rule). As a result, the Noncompete Rule...more
The top lawyer for the National Labor Relations Board (NLRB) is ordering her subordinates to continue to seek injunctions against employers for alleged violations of the National Labor Relations Act (NLRA), despite the...more
On Wednesday, July 3, a Texas federal court enjoined the Federal Trade Commission’s (FTC) rule banning most noncompetes (the Noncompete Rule) and has stayed the implementation of the Noncompete Rule, but only as to the...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
When is the FTC’s rule effective?
The FTC’s non-compete ban is not in effect yet. It does not become effective until 120 days after the date of publication in the Federal Register of the final rule. The Federal Register is...more
4/29/2024
/ Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
Well, that went fast. The year 2023 is coming to a close, and 2024 is shaping up to be a challenging year for employers with several potential changes and challenges lurking on the horizon...more
All employers subject to the Fair Labor Standards Act (FLSA) must post an updated version of the FLSA “Employee Rights” poster to remain compliant with the law....more
5/18/2023
/ Breastfeeding ,
Covered Employer ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Wage and Hour
Non-compete clauses in employment agreements have been the source of much controversy over the years. Employers want them to protect their human capital and to prevent competitors from stealing their valued employees....more
If you have or want enforceable non-compete agreements with employees, read on.
Here’s a hypothetical: You are looking to hire a salesperson, and you find just the right person, John. Your company has a great...more
Admittedly, it is a tricky situation.
An employee needs time off from work because of a medical issue. The employee is not eligible for leave under the Family and Medical Leave Act (FMLA), so the employer cannot call it...more
Employers in Tennessee need to hold off on requiring COVID-19 vaccine proof from employees because they might run afoul of a newly minted law. On November 12, Tennessee Gov. Bill Lee signed an omnibus COVID-19 bill into law...more
11/18/2021
/ Anti-Retaliation Provisions ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
Federal Contractors ,
Governor Lee ,
New Legislation ,
State and Local Government ,
Tennessee ,
Vaccinations ,
Vaccine Passports
The OSHA Emergency Temporary Standard is hot off the presses — now what? Undoubtedly, there will be lots and lots of discussion and legal challenges over the next several days. Although this is not an in-depth analysis, here...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling...more
5/20/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Masks ,
New Guidance ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations
An unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk.
Identifying the Potential Problem -
The...more
There is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face...more
11/10/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Duty to Accommodate ,
Employer Liability Issues ,
Hiring & Firing ,
New Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
State and Local Government
A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more
2/27/2020
/ Compensatory Damages ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Jury Verdicts ,
Motion for Summary Judgment ,
Multi-Factor Test ,
Primary Beneficiary Test ,
Retaliation ,
Unpaid Interns ,
Wage and Hour ,
Whistleblowers
The sometimes agonizingly slow Equal Employment Opportunity Commission is trying to be more efficient. According to the latest Agency Financial Report, in fiscal year 2019 the EEOC reduced the level of pending private sector...more
If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more
9/10/2019
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Jury Trial ,
Motion for Summary Judgment ,
Piling-On ,
Pregnancy Discrimination ,
Retaliation ,
Summary Judgment ,
Termination
Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook?
These are some of the questions that employers regularly face – or at least...more
4/30/2019
/ Anti-Harassment Policies ,
Corrective Actions ,
Discipline ,
EEO ,
Employee Benefits ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
NLRA ,
Paid Time Off (PTO) ,
Protected Concerted Activity ,
Restrictive Covenants ,
Section 7 ,
Terms and Conditions ,
Wage and Hour
Usually, once is not enough, at least in the hostile work environment context. Unless, as the court found in Ronnie L. Outlaw v. SBH Services, Inc., it is.
Typically, a single incident of harassment – especially by a...more
Employers don’t call the Family and Medical Leave Act the “Friday and Monday Leave Act” for nothing, especially this time of year. The allure of summertime fun in the sun can cause an increase in employee absenteeism,...more
GINA—that elusive law about employers collecting genetic information that rarely comes up. What if an employee voluntarily shares his genetic history—can he turn around and claim his employer improperly acquired the genetic...more
6/1/2018
/ Appeals ,
Cancer ,
Corporate Counsel ,
Dismissals ,
Employer Liability Issues ,
Genetic Discrimination ,
GINA ,
Medical History ,
Medical Leave ,
Summary Judgment ,
Termination ,
Voluntary Disclosure
Employers beware: An employee does not have to use “magic words” to complain about discrimination for it to lay the basis for a retaliation claim. The Sixth Circuit made this point in a unanimous opinion in the case of Mumm...more
3/9/2018
/ Appeals ,
Employer Liability Issues ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Protected Activity ,
Retaliation ,
Reversal ,
Sex Discrimination ,
Summary Judgment ,
Title VII ,
Wage and Hour
Is an employee who quits her job then injures herself before she gets out the door still covered by workers’ comp? In a recent Tennessee case of first impression, the court ruled that after an employee says “I quit,” the...more
Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more
Tennessee employers– you can generally keep weapons off your property, but if you want to prosecute violators, you need the right sign. And, effective July 1, 2016, the state has changed what it says is an acceptable sign....more