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With Effective Date Fast Approaching, the FTC’s Noncompete Ban Is Set Aside

In a decision on Aug. 20 impacting employers and employees nationwide, the U.S. District Court for the Northern District of Texas granted Plaintiff Ryan LLC’s motion for summary judgment, set aside the FTC’s Noncompete Rule...more

Supreme Court Limits NLRB Injunctive Powers

The National Labor Relations Board’s (NLRB/the Board) burden to secure injunctions against employers has been significantly raised following the U.S. Supreme Court’s decision in a case involving Starbucks. On June 13, 2024,...more

The Occupational Safety and Health Administration Issues Final “Walkaround Rule”

In a significant revision to long-standing Department of Labor regulations, OSHA announced a final rule on March 29, 2024, establishing the rights of employees to choose a representative, whether an employee or a...more

DOL Issues Final Rule on Determinations for Independent Contractor and Employee Status

On January 10, 2024, the United States Department of Labor (“DOL”) issued a final rule that will become effective on March 11, 2024, revising the DOL’s guidance used to determine an individual’s status as an employee or an...more

Historic NLRB Decision Changes When Employers Must Recognize and Bargain with Unions

In a monumental sea change, on August 25, 2023, the National Labor Relations Board (NLRB) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new rule for deciding when employers must bargain with...more

NLRB Launches “Know Your Rights” Cards

On March 28, 2023, the NLRB launched a “Know Your Rights” card campaign to educate employees about their NLRA rights. The initial launch includes two cards. One card provides information about the standard rights afforded to...more

Deducting Fringe Benefits for Underperformance Does Not Entitle Employees to Overtime Pay

Per a recent Third Circuit ruling, employers do not destroy the salary basis test for exempt employees by making fringe benefit deductions. The Third Circuit held that the term “salary” does not include fringe benefits such...more

NLRB Doubles Back: Severance Agreements Cannot Require Employees to Waive NLRA Rights

In a return to pre-Trump era precedent, the National Labor Relations Board (“NLRB”) has determined that employers violate federal labor law if they offer severance agreements prohibiting employees from making disparaging...more

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