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FTC’s Ban on Noncompete Agreements Is Blocked

The Federal Trade Commission’s efforts to ban noncompete agreements suffered a serious blow when a federal judge in Texas issued a nationwide injunction blocking the ban’s enforcement. Implementation of the ban could disrupt...more

Federal Judge in Texas Blocks FTC's Noncompete Rule

On August 20, 2024, the United States District Court for the Northern District of Texas issued an order setting aside the Federal Trade Commission’s (FTC) ban on employee noncompetes (the “Noncompete Rule”). While the same...more

It’s a Cruel Summer (for Employers Still Facing Uncertainty of Looming Federal Trade Commission Noncompete Rule)

Summer 2024 may be remembered for its uncertainty. On top of the surprises in political campaigns and the Supreme Court’s overruling of decades-old precedents, employers nationwide still face uncertainty with the FTC’s...more

EEOC Commits to its 2024 New Year’s Resolutions — Protecting Vulnerable Workers, Pregnant Workers, and More

If it’s a typical subject of a class action lawsuit, it’s likely one of the EEOC’s New Year’s resolutions. Just one month into 2024, some of us are already questioning whether we were a bit too ambitious with our New...more

EEOC’S Proposed Regulations Interpret the Pregnant Workers Fairness Act

As our readers may be aware, President Biden ended 2022 by signing the Pregnant Workers Fairness Act (PWFA) into law. The PWFA requires employers with at least 15 employees to provide reasonable accommodations to a qualified...more

BYOD to E-Discovery: What Happens When Employees “Scan” and Send Chats of Company Documents Using Their Phones?

We recently cautioned employers about their confidential information showing up in selfies posted online, but social media is not the only reason employees are taking photos at work. Picture this: An employee quickly...more

Supply Chain Shortages: How Wrongdoers Can Steal Your Secrets

For months, companies in all industries have been talking about indefinite global supply chain disruptions and worker shortages. This is particularly true in the energy industry, with oil prices surging even before Russia...more

Red Light – Green Light: CMS Vaccination Mandate is On Again in 26 States?

The CMS vaccine rule -- which applies to the staff of many Medicare- and Medicaid-certified providers such as hospitals, long-term care facilities, home-health agencies, and hospices (“covered entities”), and which has...more

Certain Health Care Employers Must Require Vaccinations to Continue to Participate in Medicare/Medicaid

Earlier this month, on the same day the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), the Centers for Medicare &...more

Sealing Judicial Records or How I Learned to Stop Consenting and Protect Trade Secrets

Are courts making it impossible to guarantee trade secrets will not be disclosed upon filing of litigation? In a recent case, Binh Hoa Le v. Exeter Fin. Corp., the U.S. Court of Appeals for the Fifth Circuit (covering...more

Reopening for Business: Permissible Medical Inquiries - and Mandatory Accommodation of Vulnerable Employees

As some states are beginning to reopen for business, new legal issues are developing, such as those involving employees who fear returning to work and the implementation of modified disaster recovery plans. Among the more...more

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