In a highly anticipated ruling yesterday, the Northern District of Texas issued a final order, which enjoined and set aside the FTC’s Noncompete ban (the “Rule”). See Ryan, LLC v. FTC, No. 3:24-cv-00986-E (N.D. Tex. 2024)....more
8/21/2024
/ Arbitrary and Capricious ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority
With prior articles published in April and May, Nelson Mullins has been tracking the FTC Noncompete Final Rule banning non-competition provisions (the “Rule”) for months. The Rule remains on track to take effect on September...more
On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas. As discussed in a...more
7/3/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On Friday morning, the Supreme Court in Loper Bright Enterprises v. Raimondo, No. 22-451, reversed its long-standing precedent in Chevron USA, Inc. v. Natural Resources Defense Council (1984), which required courts reviewing...more
7/1/2024
/ Chevron Deference ,
Chevron v NRDC ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
Restrictive Covenants ,
SCOTUS ,
Statutory Interpretation
Earlier this year, the Supreme Court heard oral arguments in two cases that may overturn Chevron USA, Inc. v. Natural Resources Defense Council, which would have implications for federal agencies rule- and decision-making...more
Please join Nelson Mullins for a virtual webinar on the FTC Rules on non-competes....more
The U.S. Department of Labor (DOL) announced on April 23 a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will take effect on July...more
6/5/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
The Noncompete Rule -
On April 23, 2024, the Federal Trade Commission (FTC), issued a Final Rule banning all noncompete agreements for any worker in the United States, regardless of industry, title, job function, or...more
On June 27, 2022, Governor Ron DeSantis signed Miya’s Law, Senate Bill (SB) 898, to heighten the safety requirements for residential apartments. Miya’s Law, effective July 1, 2022, will have a significant impact on the daily...more
Please join Nelson Mullins Riley & Scarborough for the 2022 Central Florida Health Law Forum. This year, the event will be offered in-person or virtually and will include networking opportunities and a series of educational...more
3/31/2022
/ Cybersecurity ,
Data Privacy ,
Health Care Providers ,
Health Technology ,
Healthcare Facilities ,
Medical Devices ,
Physician Compensation Arrangements ,
Physicians ,
Popular ,
Retaliation ,
Telehealth ,
Value-Based Care ,
Webinars ,
Whistleblowers
Employers throughout the United States have no doubt been following the developments related to the various federal vaccine mandates and state responses to the same. Since President Biden signed the three Executive Orders on...more
The Centers for Medicare and Medicaid (CMS) released a new Interim Final Rule (IFR)[1] on Nov. 4, 2021 that requires certain healthcare staff at facilities that participate in the Medicare and Medicaid programs to receive the...more
On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS), a division of the Department of Health and Human Services, published its Omnibus COVID-19 Health Care Staff Vaccination requirements that most Medicare-...more
Please join Nelson Mullins attorneys Kristin Ahr, Colin Barnacle, Mitch Boyarsky, Ginger Boyd, Bret Cohen, and Chris Eby for a discussion on what employers need to know about OSHA's long-awaited COVID-19 mandate and other...more
11/8/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Federal Contractors ,
Healthcare Facilities ,
OSHA ,
Vaccinations ,
Virus Testing ,
Webinars ,
Workplace Safety
President Biden announced his Administration’s “Path Out of the Pandemic: President Biden’s COVID-19 Action Plan” on Sept. 9, a new six-prong national strategy to combat the COVID-19 pandemic. As part of this strategy, the...more
In an ambitious, far-reaching Executive Order signed on July 9, 2021, President Biden announced a renewed focus by the federal government on the promotion of fair competition amongst American businesses. Specifically, Biden’s...more
The United States Labor Department’s Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) on June 10 to help combat the unique and elevated occupational hazards that exist for...more
Please join Nelson Mullins attorneys Kristin Ahr, Angela Hart-Edwards, Colin Barnacle, and Mitch Boyarsky for an update on the COVID-19 vaccine and the implications it will have on workplace operations and employers. Topics...more
1/6/2021
/ Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Infectious Diseases ,
Religious Exemption ,
Vaccinations ,
Webinars ,
Workplace Safety
In addressing the protections for “workers at higher risk,” the U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act,...more
The Centers for Disease Control and Prevention (CDC) has issued new guidance regarding workers in office buildings that may be at risk for exposure to the COVID-19 virus. The guidance addresses steps that office building...more
How to Plan For and Create a Safe and Compliant Workplace - Federal, state, and local COVID-19 pandemic mitigation strategies have included both government shutdowns of all but essential businesses and “social distancing”...more
A Guide For Employers: Summary of Department of Labor Temporary Regulations - The United States Department of Labor (“DOL”) released temporary regulations (“regulations” or “guidance”) interpreting the Families First...more
On March 19, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance materials on employers’ compliance requirements with the Americans With Disabilities Act (“ADA”) and the Rehabilitation Act...more