A Texas federal court has struck down the FTC's proposed nationwide ban on non-compete agreements, just weeks before it was set to take effect. This decision by the United States District Court for the Northern District of Texas halts the FTC's Final Rule, which would...
The effective date of the FTC’s Final Rule prohibiting non-compete agreements quickly approaches, yet there is still no definitive resolution as to whether it is constitutional. Nor has there been any preliminary injunction barring its enforcement on a nationwide...
The Supreme Court recently reversed a long-standing doctrine established by the 1984 decision, Chevron v. Natural Resources Defense Council. The Court returned the duty of interpreting ambiguous statutory provisions involving federal agency rulings to the district...
Within the last two weeks, courts across the country reached opposite conclusions about the U.S. Equal Employment Opportunity Commission’s authority to implement legislation that requires employers to provide accommodations for employees who seek “purely elective...
In an eight-to-one decision this month, the Supreme Court ruled in favor of Starbucks in Starbucks Corp. v. McKinney, involving a longstanding legal battle against the National Labor Relations Board (NLRB). The NLRB was advocating on behalf of a labor union...
This article was updated on August 22, 2024, to reflect a recent ruling by a Texas federal court, which has struck down the FTC's proposed nationwide ban on non-compete agreements just weeks before its anticipated effective date. FTC Rule Bans Non-Compete Clauses for...
The DOL has issued its final rule on overtime exempt workers, surpassing all expectations and setting a minimum salary threshold sixty-five percent (65%) higher than current thresholds in a two-step process. Last year, we delved into the DOL’s efforts in its proposed...
The Department of Labor has long labored to rein in the practice by some employers of labeling workers as independent contractors instead of employees to avoid the requirements under the Fair Labor Standards Act (FLSA) to pay minimum wage and overtime. It has now...
The COVID-19 Public Health Emergency officially ended on May 11, 2023, when the Department of Health and Human Services allowed the federal Public Health Emergency for COVID-19 to expire, but people are still getting COVID-19, and some of them are getting seriously...
Key Takeaways The National Labor Relations Board (NLRB) has recently finalized a rule broadening the joint employer test. The new rule replaces a 2020 policy that excused joint employers from bargaining unless workers could demonstrate that the joint employer had...