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
The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US...more
4/24/2024
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Notice of Proposed Rulemaking (NOPR) ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
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
On February 8, 2024, the United States Supreme Court, in Murray v. UBS Securities, LLC, issued a decision that expands the ability of whistleblowers to seek anti-retaliation protections under federal whistleblower laws....more
2/13/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Murray v UBS Securities LLC ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities Violations ,
UBS ,
Whistleblower Protection Policies ,
Whistleblowers
On August 30, 2023, the US Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) that it claims will “restore and extend overtime protections to 3.6 million salaried workers” throughout the United States....more
On May 30, 2023, the federal government continued its crusade against employee non-compete agreements. Jennifer A. Abruzzo, the NLRB’s General Counsel, issued a Memo to all Regional Directors, in which she stated that, absent...more
It is hardly a secret that most employers routinely incorporate confidentiality and non-disparagement obligations in severance agreements for departing employees. On February 21, 2023, the National Labor Relations Board...more
On January 5, 2023, the Federal Trade Commission (FTC) proposed a New Rule to ban noncompete clauses, which “hurt workers and harm competition.” The FTC’s proposed new rule builds upon President Biden’s Executive Order on...more
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
On September 9, 2021, President Biden announced a plan “to require more Americans to be vaccinated.” As part of that plan, President Biden instructed the Department of Labor to issue an emergency rule mandating that employers...more
1/17/2022
/ Administrative Authority ,
Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced an “Emergency Temporary Standard” (ETS) on workplace safety and coronavirus. The ETS is in response to President Biden’s directive in...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
General Duty Clause ,
OSHA ,
Preemption ,
Reasonable Accommodation ,
Religious Accommodation ,
Reporting Requirements ,
Subcontractors ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. In his order, President Biden states that companies can stifle competition with non-compete clauses - claiming...more
During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has published guidance addressing various issues related to employment law and COVID-19. On September 8, 2020, the EEOC posted updates, which...more
On June 15, 2020, the United States Supreme Court issued a long-awaited decision, delivered by Justice Gorsuch, regarding protection for workers under Title VII based on sexual orientation or transgender status. The holding:...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
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
On June 3, 2019, the Supreme Court issued a unanimous decision holding that Title VII’s administrative exhaustion requirement is not a jurisdictional bar to filing a lawsuit in court. The lawsuit involved an individual, Lois...more
6/5/2019
/ Administrative Procedure ,
Appeals ,
Certiorari ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Federal Rules of Civil Procedure ,
Fort Bend County Texas v Davis ,
Jurisdiction ,
SCOTUS ,
Split of Authority ,
Title VII
The Alliance of American Football (AAF) is the latest victim in a long line of leagues that have attempted to offer professional football outside of the NFL. In early April of this year, the AAF “iced the kicker” and closed...more
The Supreme Court of the United States handed employers a huge win with respect to employee class and collective actions. In Epic Systems Corp v. Lewis, the Court actually resolved three cases—Ernst & Young LLP v. Morris and...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS