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Final Rules Summary Judgment

Seyfarth Shaw LLP

The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

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Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms DOL’s Right to Set Salary Minimum for White Collar Exemptions

In its September 11, 2024 opinion in Mayfield v. Department of Labor, the United States Court of Appeals for the Fifth Circuit held that the U.S. Department of Labor’s explicitly delegated authority to “define” and “delimit”...more

FordHarrison

Federal District Court Blocks FTC's Noncompete Rule

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Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more

Proskauer - Law and the Workplace

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the...more

Proskauer - Law and the Workplace

Texas Federal Court Denies Request to Expand Scope of Injunction Staying Federal Trade Commission’s Non-Compete Rule

In a motion for reconsideration filed on July 10, 2024, the plaintiffs in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex. Apr. 23, 2024) urged the court to expand the scope of its limited preliminary...more

Ballard Spahr LLP

The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups

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On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more

King & Spalding

Departments Issue Final No Surprises Act Dispute Resolution Rule and Other Guidance

King & Spalding on

On August 19, 2022, the Departments of Health and Human Services, Labor, and the Treasury (the Departments) issued a long-awaited final rule (the Final Rule) on the Independent Dispute Resolution (IDR) Process under the No...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upholds ACA Risk Adjustment Program

Various smaller health insurance issuers have challenged the risk-adjustment program under the Patient Protection and Affordable Care Act (ACA), alleging, among other things, that its underlying methodology favors larger...more

DirectEmployers Association

OFCCP Week In Review: November 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Harris Beach PLLC

Court Orders EPA to Take Final Action on Rules Regarding Dispersant Chemicals Used In Mitigating Ocean Oil Spills

Harris Beach PLLC on

The U.S. District Court for the Northern District of California has ruled that the Environmental Protection Agency (“EPA”) “delayed unreasonably” by waiting at least six years to finalize draft regulations updating its 1994...more

Foley & Lardner LLP

Site-Neutral Hospitals Find Reprieve for their Outpatient Departments Through the Courts

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On September 17, 2019, the D.C. District Court held that the Centers for Medicare & Medicaid Services (CMS) exceeded its statutory authority when it cut the payment rate for clinic services at off-campus provider-based...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Upholds Indian Child Welfare Act as Constitutional

On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more

Foley & Lardner LLP

Overtime Exemption Increases: Not Now, But (Probably) Soon

Foley & Lardner LLP on

As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Labor Department to Withdraw Overtime Appeal

As a result of the August 31 ruling by a federal district court judge invalidating highly controversial proposed revisions to federal overtime regulations, the U.S. Department of Labor (DOL), now has filed a motion with the...more

Eversheds Sutherland (US) LLP

The Final Rule: BICE on Ice? Status of the DOL Fiduciary Rule

With recent developments in all three branches of government bearing on the authority and timing of the new Department of Labor (DOL) final rule expanding the definition of fiduciary “investment advice” (the Final Rule) for...more

Proskauer - Labor Relations Update

Permanent Pause to Persuader Rule: Texas Court Issues Permanent Nationwide Injunction

On November 16, 2016, in National Federation of Independent Business v. Perez, No. 5:16-cv-00066, a federal judge in Texas issued a permanent injunction preventing the Department of Labor (the “DOL”) from enforcing its new...more

Littler

Court Permanently Blocks DOL's Persuader Rule

Littler on

To the relief of many employers that rely on third parties to provide labor advice and services, a Texas federal court has permanently blocked a rule that would have required them to make certain disclosures about their...more

Franczek P.C.

Business Groups Ask Court To Expedite Ruling On Overtime Exemption Rules

Franczek P.C. on

In our last post we reported that the U.S. Chamber of Commerce and fifty-plus other business groups suing to block the U.S. DOL’s overtime exemption rule from taking effect had not yet moved to expedite the court’s ruling on...more

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