In a recent decision involving the validity of a last chance agreement, the Sixth Circuit concluded that the embedded release of all claims against the employer was not knowingly and voluntarily entered into by the employee and therefore unenforceable under common law...
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...
Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers should recognize as requests for...
Overview of Title VII Protections Title VII makes it unlawful to discriminate against employees on the basis of their gender, race, national origin, color or religion. Nowhere does it provide an express definition of discrimination or establish a standard a plaintiff...
FTC Rule Bans Non-Compete Clauses for Non-Senior Employees Non-compete clauses have long been a contentious issue in employment agreements, with concerns raised about their potential to stifle competition and limit employee mobility. On April 23, 2024, the Federal...
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...