Latest Publications

Share:

Court Strikes Down FTC’s Noncompete Rule

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

Don’t Stop… Enjoining! NLRB’s GC Wants to Hold Onto That Feeling

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

FTC’s Non-Compete Rule Enjoined for Now – But Only as to the Plaintiffs

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

The FTC Has Banned Non-Competes: What Do Employers in the Energy Space Do Now?

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

2024 Already?! The Types of Issues Employers Will Be Facing in the New Year

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

You thought you were protected? Enforceability of noncompetes now and in the future

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

You Thought You Were Protected? When a Non-Compete Isn’t Enforceable (Maybe)

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

With Election Day Around the Corner, Employers Need to Remember You May Have to Give Employees Time Off to Vote

Next week on November 8, voters will head to the polls around the country for our midterm elections for the U.S. House, certain Senate seats, governorships, and other elected offices. And while voters are headed to the polls,...more

Leave as a Reasonable Accommodation Continues to Vex Employers

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

New Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for...

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

It’s Finally Here: OSHA Reveals COVID-19 Vaccine Rule for Private Sector

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

Potential New Tennessee Law Prohibits Many Businesses from Requiring Proof of COVID-19 Vaccine, Requires Government Contractors to...

Things just got more complicated in Tennessee for private employers wrestling with COVID-19 vaccines. On October 30, the Tennessee Legislature passed an omnibus COVID-19 bill that does not entirely line up with the current or...more

Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC Guidelines

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

Don’t Let Your Employee’s “Unpaid” Meal Breaks Turn into a Costly Mistake for You

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

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant Employees

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

That Un-Masked Man: Can a Business Ask a Customer Who Refuses to Wear a Mask Because of a Disability to Leave?

In the COVID-19 era, many employers and businesses are wrestling with unprecedented issues. You can add one more to the list: Can you have your employees ask a customer who refuses to wear a mask because of a claimed...more

We Got the PPP Loan — What Do We Do Now?

So, you are one of the fortunate ones who received a payment from the government for the Paycheck Protection Program (PPP) – how do you get that loan amount forgiven? The quick answer is that you need to use at least 75% of...more

DOL’s Regulations for FFCRA, Part II: Calculating Amounts and Pay for Leave, Intermittent Leave, and How it Works with PTO

In Part I of this post we covered some of the logistics you need to get started with the FFCRA paid leave provisions. Today we will continue our review of the Department of Labor’s FFCRA temporary regulations and discuss the...more

DOL’s Regulations for the FFCRA, Part I: Who’s Covered, Posting, Documentation, Shelter-in Place Order, and Other Fun Items

At the end of last week, the Department of Labor issued 125 pages of FFCRA guidance, including actual temporary regulations and 20 new Q&As (so we are now up to 79 — but who’s counting?). While a full summary of these...more

Update: The Families First Coronavirus Response Act Is Signed Into Law and Will Take Effect April 2, 2020

March 18, 2020, the Senate passed the Families First Coronavirus Response Act, and President Trump signed it into law. The act contains several provisions that will significantly impact employers with fewer than 500...more

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

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

EEOC Has Lowest Level of Pending Charges in 13 Years

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

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

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

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

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

54 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide