The U.S. Chamber of Commerce Sues the FTC Over Power Grab
Employment Law This Week®: D.C. Policy Update, Wage and Hour Administrator Nominee, DOL’s 80/20 Rule
China's Export Policy Changes After U.S. Antitrust Case
In August 2024, the U.S. Chamber of Commerce released a report entitled Essential Chemistries: Providing Benefits Across the U.S. Economy that “examines the dependence of seven critical U.S. sectors, including aerospace...more
On August 20, a federal judge in the Northern District of Texas ruled that the Federal Trade Commission (“FTC”) cannot enforce its rule banning the use of non-compete agreements for most workers. Significantly, the court...more
As readers of this blog know, this past Spring, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (the “Non-Compete Rule”) in late April 2024, purporting to ban nearly all employment-related...more
As an update to our April 25, 2024 Client Alert, “FTC Issues New Rule—But Not the Final Chapter—on Non-Competes: What Employers Need to Know,” a federal court in Dallas, Texas has blocked the Federal Trade Commission’s Rule...more
Debates about the health and environmental effects of PFAS are raging, but the societal value of these substances – particularly so-called “fluoropolymers” – has become increasingly clear. Most recently, the U.S. Chamber of...more
30 million is a BIG number! That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as...more
In July 2024, the National Labor Relations Board (NLRB) withdrew its appeal of a March 2024 federal district court decision striking down the NLRB’s 2023 joint employer rule. In that decision, the Eastern District of Texas...more
Winstead’s Labor & Employment team previously reported that the Federal Trade Commission (“FTC”) issued its final rule largely banning noncompetes nationwide (“Rule”), spurring races to the courthouse in the federal district...more
In April 2024, the Environmental Protection Agency (EPA) designated perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation...more
The Environmental Protection Agency’s (EPA) recent rule designating two per- and polyfluoroalkyl substances (PFAS) chemicals, PFOA and PFOS, as hazardous substances has already been met with resistance, as several groups...more
On April 23, 2024, the Federal Trade Commission finalized its rule enforcing a noncompete ban for a vast majority of workers. The noncompete ban is set to take effect on September 4, 2024. With limited exceptions, the rule...more
On July 23, 2024, U.S. District Court Judge Kelley Brisbon Hodge (E.D. Pa) denied the request of ATS Tree Services, LLC (ATS).[1], a tree care company operating in Eastern Pennsylvania, for issuance of a stay of the Sept. 4,...more
As discussed in our previous article, the Federal Trade Commission’s (“FTC”) newly enacted Non-Compete Clause Rule (“Rule”) is set to go into effect on September 4, 2024, by its own terms. The Rule would virtually ban all...more
On June 28, 2024, in its decision in Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Supreme Court held that its longstanding precedent granting deference to administrative agencies established in the 1984...more
Earlier this month, we reported on a preliminary injunction granted to the plaintiffs in a lawsuit filed in federal district court in Texas, seeking to block the Federal Trade Commission’s regulations voiding most employment...more
A final rule issued by the Federal Trade Commission (FTC) bans employers from entering into new non-compete agreements with all workers. If the FTC can overcome the legal hurdles it faces, the rule could have damaging...more
On July 8, 2024, the U.S. Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with their salts and isomers, as hazardous substances under the...more
In Ryan LLC v. Federal Trade Commission, the U.S. District Court for the Northern District of Texas enjoined the FTC from implementing or enforcing its noncompete ban (the “Final Rule”) mainly on the grounds that it exceeds...more
We previously reported that Ryan LLC (“Plaintiff”) and the United States Chamber of Commerce (“Plaintiff-Intervenor”), in anticipation of the Northern District of Texas’s merits disposition, would likely seek nationwide...more
As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more
Last week, we received the first indication of a Texas federal court’s position on a lawsuit filed by the U.S. Chamber of Commerce challenging the validity of the Federal Trade Commission’s new regulations banning most...more
Almost immediately after the Federal Trade Commission (FTC) issued its rule essentially banning non-compete agreements nationwide for all workers, the lawsuits started flying. One of the first cases filed was by Ryan, LLC...more
On July 3, 2024, a United States District Judge for the Northern District of Texas granted a stay and preliminary injunction on the United States Federal Trade Commission’s near-total ban on noncompete agreements. See Ryan v....more
The Federal Trade Commission’s (FTC) attempt at a nationwide ban on employee non-compete agreements suffered its first setback last week when a Texas federal district court preliminarily enjoined enforcement of the rule....more
On July 3, 2024, a federal court in the Northern District of Texas issued an injunction against enforcement of the Federal Trade Commission’s rule banning non-compete agreements (the “Rule”). The Rule was to become effective...more