In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas on Aug. 20, 2024, set aside the Federal Trade Commission's (FTC) Non-Compete Rule, as promulgated in 16 C.F.R. § 910.1-6...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Permanent Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
The U.S. District Court for the Northern District of Texas in Ryan LLC v. Federal Trade Commission issued an order July 3, 2024, enjoining the Federal Trade Commission (FTC) from enforcing its Non-Compete Rule (Rule). The...more
The U.S. Equal Employment Opportunity Commission's (EEOC) issued its much-awaited final rule implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. The PWFA requires employers to provide pregnant workers or...more
4/25/2024
/ Americans with Disabilities Act (ADA) ,
Covered Employees ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Federal Labor Laws ,
Final Rules ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Undue Hardship
The U.S. Equal Employment Opportunity Commission (EEOC) released its proposed regulations on the Pregnant Workers Fairness Act (PWFA) on Aug. 7, 2023, providing guidance on how the EEOC intends to interpret the PWFA and its...more
8/16/2023
/ Americans with Disabilities Act (ADA) ,
Comment Period ,
Duty to Accommodate ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Undue Hardship
In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)...more
In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more
9/15/2021
/ Corporate Counsel ,
Day-Rate Pay ,
Employer Liability Issues ,
Employment Litigation ,
En Banc Review ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Oil & Gas ,
Over-Time ,
Salaried Employees ,
Split of Authority ,
Wage and Hour ,
White-Collar Exemptions
In General Motors LLC, the National Labor Relations Board (NLRB) departed from recent cases condoning abusive employee behavior when accompanied by protected activity. (See previous Holland & Knight alert, "Recent NLRB...more
As states and local governments phase out their stay-at-home orders enacted in response to COVID-19, businesses will be faced with new challenges regarding the safety of workers, including whether it is permissible to ask...more
The Families First Coronavirus Response Act (FFCRA) was enacted into law on March 18, 2020 in response to the COVID-19 national emergency. As employers are preparing for the FFCRA's impact on their businesses,…...more
• The National Labor Relations Board's (NLRB) General Counsel released an Advice Memorandum that concludes that drivers for a ride-sharing app are independent contractors and, therefore, not covered by the National Labor...more
Wage and Hour -
Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split -
The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more
6/12/2018
/ Age Discrimination ,
Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Baby Products ,
Banks ,
Beverage Manufacturers ,
Breweries ,
Business Torts ,
Class Action ,
Class Action Arbitration Waivers ,
Competition ,
Consumer Protection Laws ,
Cybersecurity ,
Data Breach ,
Data Security ,
Debit and Credit Card Transactions ,
Department of Labor (DOL) ,
Disability Discrimination ,
Dismissals ,
Distributors ,
Economic Loss Doctrine ,
Epic Systems Corp v Lewis ,
Equal Employment Opportunity Commission (EEOC) ,
Failure To State A Claim ,
Fair Labor Standards Act (FLSA) ,
False Advertising ,
False Statements ,
Federal Arbitration Act ,
Financial Institutions ,
Food Labeling ,
Food Manufacturers ,
Former Employee ,
FTC Act ,
Grocery Stores ,
Hackers ,
Hiring & Firing ,
Lanham Act ,
Menu-Labeling ,
Misleading Statements ,
Negligence ,
Nutrition Facts Labels ,
Organic ,
Over-Time ,
Personal Information Protection Act ,
Personally Identifiable Information ,
Popular ,
Preemption ,
Product Packaging ,
Putative Class Actions ,
Reasonable Accommodation ,
Regulatory Agenda ,
Remand ,
Restaurant Industry ,
Retailers ,
Reversal ,
Rulemaking Process ,
Savings Clause ,
SCOTUS ,
Standing ,
State Law Claims ,
Summary Judgment ,
Unfair or Deceptive Trade Practices ,
USDA ,
Wage and Hour
The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that class action waivers in arbitration provisions are enforceable under the Federal Arbitration Act. The Court...more