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
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
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
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
Today the Department of Labor issued its long-awaited rule raising the fixed salary requirements for employees in the executive, professional, and administrative exemption categories (EAP) and increasing the standard salary...more
Today the Federal Trade Commission (FTC) voted to finalize a new rule to prohibit employers from enforcing noncompetes against employees. Highlights of the new rule include...more
4/24/2024
/ Department of Labor (DOL) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Intellectual Property Protection ,
Memorandum of Understanding ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
U.S. Commerce Department
It just became very easy for an employee to sue their employer for failure to accommodate religious beliefs. Today, in its Groff v. DeJoy opinion, the United States Supreme Court unanimously held that an employer must make...more
Last week, the National Labor Relations Board (NLRB)’s General Counsel publicly announced her position that most non-compete agreements violate the National Labor Relations Act (NLRA) by chilling employees’ ability to...more
Last week in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court affirmed employees must be paid a fixed salary of $684.00 per week to be considered “exempt” under the popular administrative, executive, and...more
If you are a federal contractor, keep reading. Last summer, the Office of Federal Contractor Compliance Programs (OFCCP) issued a notice to all federal contractors that the Center for Investigative Reporting had requested...more
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
The Federal Trade Commission (FTC) started the new year off with a bang when it announced in a press release on January 5, 2023 that it is proposing a new rule that would ban many employee non-compete clauses.
The press...more
Today the Equal Employment Opportunity Commission released a new poster that is required for employers covered by Title VII. The new poster is entitled “Know Your Rights” and includes these changes...more
Do you have employees in the Viking state? If so, keep reading! On July 1, 2022, Minnesota adopted a new law legalizing the sale, purchase, and consumption of edible cannabinoid products to people aged 21 and over...more
Recently, we have been fielding calls from clients regarding “remote” Form I-9 verification. The current rule is that employers can ONLY verify I-9 forms remotely for employees who are remote due to COVID -19. For the...more
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
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Infectious Diseases ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
This week I was talking to Bob, a local HR professional (you know who you are), and he asked, “So Sara, what are the chances we are going to get a ruling on this OSHA mandate before the holidays?” to which I replied, “Highly...more
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
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
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
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
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
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
Yesterday, the Equal Employment Opportunity Commission (EEOC) added more FAQs to its COVID guidance to what is becoming a very long list that started months ago. The EEOC highlights the additional religious exemption guidance...more