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FTC Noncompete Ban Struck Down

Judge Ada Brown of U.S. District Court for the Northern District of Texas issued an order on Tuesday, August 20, 2024, ruling that the FTC Rule establishing a noncompete ban (“the Rule”) is arbitrary and capricious, and...more

Preparing for Looming Deadlines in FTC Noncompete Ban

As we have previously reported, the Federal Trade Commission (“FTC”) issued a final rule in April that would prohibit employers from imposing or enforcing noncompete agreements or other similar provisions that would...more

Compliance with WARN for Remote Workers

Assignment of remote workers under the Worker Adjustment and Retraining Notification Act (WARN) is a complex and unsettled issue, which could be subject to legal challenge. WARN requires employers to provide written notice at...more

Civility in Litigation and Navigating Difficult Opposing Counsel

You may not have heard the phrase before, but most likely you have encountered a “litigation terrorist” – an attorney who deliberately creates chaos in litigation. This is a growing trend in litigation and can manifest...more

Deferred Compensation Plans: Options and Considerations

Businesses often consider how to reward and retain top talent and incentivize productivity without offering equity, an ownership interest in the business. An executive deferred compensation plan allows an employer to...more

The CARES Act’s Paycheck Protection Program Expands the SBA 7(a) Loan Program

For the many small and mid-size businesses impacted by the coronavirus pandemic, the recent CARES Act and other legislation adopted in earlier March 2020 offers businesses various resources for support to sustain business...more

Think Twice About Claiming Essential Critical Industry Status

Before your company determines it is in an Essential Critical Industry (ECI), think twice. There are already reports of some employers who are abusing the hastily-written descriptions of ECI, falsely claiming to be an ECI...more

Supreme Court Clarifies FLSA Exemption for Sales, Service Advisors, Partsmen, and Mechanics

The U.S. Supreme Court recently gave relief to automotive, tractor, and aircraft dealerships, clarifying that service advisors are – like salesmen, partsmen, and mechanics – exempt from payment of overtime under the Fair...more

Webinar to Focus on Preventing Harassment and Discrimination Claims in the Workplace

From Hollywood to Capitol Hill, sexual harassment in the workplace has taken the media – and the country – by storm. While harassment in the workplace is not a new topic, the recent surge of claims has put an intense...more

Don’t Let a Legal Claim Eclipse This Solar Event

On the afternoon of August 21, 2017, the first total eclipse to touch the U.S. mainland since 1979 will cut a “path of totality” through the Carolinas (including Greenville, Columbia, and Charleston). While communities along...more

Internal Investigation and Recommendations to Uber on Workplace Environment

As an employment attorney and litigator, I have found this story interesting to follow. Following a former employee's critical blog post accusing Uber of sexual harassment and gender bias, Uber's Board hired Eric Holder and...more

Simplifying Employee Performance Feedback Documentation

Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes,...more

Employer’s Guide to Preliminary and/or De Minimis Activities Under the FLSA: Booting Up Before Clocking In

Security apps, passwords, and slow computers can delay the start of the workday for many of us by one to six minutes. For non-exempt employees, this can become an issue. Office employees who clock in using their work...more

Title IX Meets VII: Grappling with Gender-Based Harassment and Discrimination in Education

Employers in education are familiar with Title IX of the Education Amendments of 1972 and its applicability to all schools receiving federal funding. Title IX states that “No person in the United States shall, on the basis...more

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