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Breaking News: Federal Court Halts FTC Noncompete Ban!

Today, a federal court judge in Dallas, Texas, ruled  the Federal Trade Commission went too far in issuing its nationwide noncompete ban that was set to become effective September 4, 2024....more

The FTC’s Ban on Noncompetes Remains Imminent for Most Employers as Legal Challenges Continue

On July 3, 2024, a federal judge in Texas granted a preliminary injunction in a lawsuit challenging the FTC’s noncompete ban. Notably, the injunction only applies to those plaintiffs named in the suit. All other employers...more

DOL’s New Overtime Rule Litigation Update: Texas Federal Judge Denies Postponement of Rule for a Private Employer

Late Monday afternoon, a federal judge in Texas denied a marketing firm’s motion for a preliminary injunction to halt the DOL’s new overtime rule. This denial affirms that, for now, employers, other than the State of Texas,...more

Texas Federal Judge Postpones DOL’s New Overtime Rule ONLY for Employees Working for the State of Texas

This past Friday, a Texas federal judge granted a preliminary injunction for the State of Texas, postponing the effective date of the Department of Labor’s new overtime rule. ...more

Evaluate the Risks When Using Non-Competes

In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements...more

Changes to I-9 Forms – Make Sure You Are In Compliance!

The New Form - On July 21st the U.S. Citizenship and Immigration Services (USCIS) announced a new Form I-9. The new Form I-9 became available for employers to use on August 1, 2023. The old Form I-9 can continue to be...more

FTC’s Non-Compete Proposal: FAQ

Dear Ruder, we are getting lots of long emails from various sources about this proposed noncompete ban.  Can you please break this down in easy-to-read language so we don’t have to review the entire 216 pages of the FTC’s...more

New Non-Disclosure and Non-Disparagement Restrictions – “Me Too” Movement’s Continued Impact on the Workplace!

The Speak Out Act (“Act”) became law on December 7, 2022.  The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment...more

Make Sure Overtime is Calculated Correctly

The Fair Labor Standards Act provides an employee should receive compensation for overtime hours at a rate “not less than one and one-half times the regular rate at which he is employed.” 29 U.S.C. § 207(a)(1). This is a...more

Protecting the Farm: Employment Considerations

“Protecting the Farm” is a common phrase associated with succession planning but employment considerations are just as important in protecting an agribusiness. Employment considerations include how to protect confidential...more

OSHA ETS Halted Again!

Today the Supreme Court ordered that OSHA’s ETS be placed back on hold (a/k/a a “stay”) and sent back to the 6th Circuit Court of Appeals.  In its order, the Court‘s majority noted the ETS may have gone too far because it...more

Breaking News! Supreme Court Accepts Vaccine Mandate Cases

The Supreme Court has announced that it will hear oral arguments on both the OSHA ETS vaccine mandate and the CMS vaccine mandate on January 7, 2022. On December 17, 2021, we shared with you that the Fifth Circuit...more

CMS Mandate—Back for Some But Not All

CMS Mandate: At the beginning of December we informed you that a Federal Court in Louisiana issued a nationwide stay on enforcement of the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate. During...more

Nationwide Halt to Vaccine Mandate for Federal Contractors

On Tuesday, December 7, a federal court in Georgia issued an order staying the vaccine mandate for federal contractors (“Mandate”). The Court ordered that the Defendants, which includes President Biden...more

Federal Court Issues Nationwide Injunction Against Enforcement of the CMS Vaccination Mandate

A couple of weeks ago we alerted you regarding the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. Reports have emerged today that an injunction has been placed upon this CMS requirement...more

Breaking News! 6th Circuit to Hear OSHA ETS Challenge

On November 16, 2021, a panel on multidistrict litigation announced that a panel of three judges from the U.S. Court of Appeals for the Sixth Circuit will hear the OSHA ETS litigation. All petitions that have been filed will...more

Federal Appeals Court Halts OSHA ETS! What does this Mean for Employers?

On November 6, 2021, the Fifth Circuit Court of Appeals temporarily halted OSHA’s latest ETS by issuing an order staying the ETS until the court can conduct a full review.  BST Holdings v. OSHA (5th Cir 11/06/2021). The order...more

Breaking News! OSHA Issues COVID Vaccination/Testing ETS for Large Employers

OSHA’s Emergency Temporary Standard (ETS) is here! The ETS and related guidance can be found on its website.  By December 5, 2021, employers must implement a vaccine policy in compliance with the ETS (choices are a hard...more

UPDATE for Federal Contractors… The Magic Language and updated FAQs!

The Magic Language: The Federal Acquisition Regulation Council (FAR Council) was charged with drafting contractual language to require compliance with the guidance from the SAFER Task Force (Guidance)...more

BREAKING NEWS! Guidance Issued on Biden’s Contractor Vaccine Mandate!

On Friday, September 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued its COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Guidance) as directed by President Biden in an...more

Breaking News! Biden Orders Vaccine Mandates for Certain Employers

On Thursday, September 9, 2021, President Biden announced his new COVID-19 plan entitled “Path out of the Pandemic” (Plan). While this Plan includes several provisions, this e-alert highlights a few of those of most interest...more

OSHA Updates Guidance on COVID-19 in the Workplace – Masking and Vaccines

On August 13, 2021, OSHA updated Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (Guidance) related to the COVID-19 vaccine and masking. The Guidance now incorporates the...more

Will Employee Handbooks Need To Be Changed Again?

The newly-appointed General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, has issued a memorandum to NLRB regional offices saying that she intends to “reexamine” positions taken by her predecessors...more

OSHA Responds to CDC’s Updated Mask Guidance – No Changes to the ETS… Yet

OSHA issued a COVID-19 Emergency Temporary Standard (ETS) on June 10, 2021 that applied to the healthcare sector. Included in the ETS is an exemption from the masking, distancing, and barrier requirements for employees who...more

OSHA Inspections - Back to the Basics

After many months of mostly virtual enforcement, OSHA is back to in-person site inspections and OSHA enforcement has become a priority for the Administration. As such, businesses should be aware of rights they have and how to...more

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