News & Analysis as of

Unfair or Deceptive Trade Practices Employer Liability Issues

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

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more

Troutman Pepper

Implications of the FTC’s Noncompete Ban on Financial Institutions

Troutman Pepper on

There has been a great deal of press about the Federal Trade Commission’s (FTC) vote to ban employee non-competition provisions and policies. While the FTC describes the rule as a comprehensive ban, it acknowledges that the...more

Parker Poe Adams & Bernstein LLP

New California Law Requires Notice to Employees About Void Noncompetes

Most employers know that California has for decades prevented enforcement of employee non-competition and customer non-solicitation agreements. Some companies with California operations modify their agreements with employees...more

Manatt, Phelps & Phillips, LLP

DOL, FTC Partner Up on Employment Issues

The Department of Labor (DOL) and the Federal Trade Commission (FTC) have partnered to fight anticompetitive, unfair and deceptive practices in a new formal collaboration between the agencies. ...more

Littler

FTC Proposes Rule Banning Non-Competes

Littler on

On January 5, 2023, the Federal Trade Commission published a proposed rule that, if it became final, would ban all non-compete agreements with limited exceptions. The rule would go into effect 60 days after it becomes final,...more

Brooks Pierce

No More Non-Competes? Impact of FTC’s Proposed Rule

Brooks Pierce on

Non-compete agreements have had a target on their back for some time, with several state laws already on the books to prohibit or significantly limit their use. (See laws in California, Colorado, Illinois, Maine, Maryland,...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 3, Issue 2

Syracuse University Hit with Another Class Action Lawsuit Over Pandemic Refund Policy - "She is looking to represent an estimated tens of thousands of students who paid for tuition in the spring semester of 2020." Why...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – October 2021

New York Attorney General Enters into Settlement Prohibiting “No-Poach” Pacts in Title Insurance Industry - New York Attorney General Letitia James recently entered into a settlement agreement with a national insurance...more

Dunlap Bennett & Ludwig PLLC

Temporary Restraining Order Granted Against McDonald’s For Failing to Keep Employees Safe from COVID-19

A temporary restraining order (TRO) was granted against a McDonald’s franchise by a California Superior Court judge in response to the franchise’s alleged inability to take proper precautions to keep the community safe from...more

FordHarrison

NLRB Updates Standard on Discipline for Offensive Conduct

FordHarrison on

Executive Summary: On July 21, 2020, in a unanimous decision, the National Labor Relations Board (“NLRB” or the “Board”) modified the standard for determining whether employees have been lawfully disciplined or discharged...more

Foley & Lardner LLP

Federal Agency Actions (Could) Lead to Big Changes

Foley & Lardner LLP on

Two federal agencies dealing with employment issues, the Federal Trade Commission (FTC) and the Department of Labor (DOL), are considering or have already implemented new rules that will affect employers. The issues relate to...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Fisher Phillips

Strict Privacy and Data Security Bill Introduced in North Carolina

Fisher Phillips on

Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North...more

Payne & Fears

Key California Employment Law Cases: February 2019

Payne & Fears on

This month’s key California employment law cases involve reporting time pay and potential liability of payroll companies for wage and hour violations. ...more

Seyfarth Shaw LLP

Employer Wins A Round In Wage Case

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action alleging unpaid wages, the California Court of Appeal affirmed a summary judgment for the employer, upholding a rounding policy that was neutral on its face...more

Parker Poe Adams & Bernstein LLP

N.C. Federal Court Allows Treble Damages Claim Based on Theft of Employee Personal Information

As the global focus on data protection increases, so expands the liability exposure for data holders following a breach. Employers collect significant amounts of sensitive personal information about their employees over the...more

Bass, Berry & Sims PLC

Employees Paid on a Commission Basis Must Be Paid a Separate Minimum Wage for Rest Periods

Bass, Berry & Sims PLC on

Employers who pay employees commissions should evaluate their compensation schemes to ensure compliance with California law in light of the California Court of Appeals’ recent ruling in Vaquero, et al. v. Stoneledge...more

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

Louisiana Federal Court Cautions Against Seeking Enforcement of Invalid Noncompete Agreements

In what should serve as a cautionary tale to employers with noncompete agreements, a federal court in the Eastern District of Louisiana allowed an unfair trade practices claim to survive against an employer that attempted to...more

Williams Mullen

State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

Williams Mullen on

A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business...more

Weintraub Tobin

Hidden Pitfalls of Old Non-Compete Provisions

Weintraub Tobin on

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an...more

Mintz - Employment, Labor & Benefits...

Employers on Either Side of Employee Poaching Should Consider Taking Some (Rather Easy) Steps to Better Protect Themselves

Recently, litigation consultant TrialGraphix Inc. sued its competitor FTI Consulting, Inc. and four former high-ranking employees in New York Supreme Court for allegedly scheming to steal its trade secrets and gain access to...more

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