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FTC Appeals Texas District Court Ruling that Blocked Noncompete Ban to Fifth Circuit

The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit....more

Another Federal District Court Enjoins FTC Noncompete Rule, but the Rule’s Effective Date Still Looms

On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision...more

FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations

On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain...more

NLRB General Counsel Says Noncompete Agreements Violate Federal Labor Law

The National Labor Relations Board (NLRB) General Counsel (GC) issued a memorandum on May 30, 2023, declaring her opinion that the “proffer, maintenance, and enforcement” of noncompete agreements in employment contracts and...more

Des Moines Passes ‘Ban the Box’ Law Prohibiting Criminal Inquiries on Job Applications

On November 15, 2021, the city of Des Moines, Iowa, passed a “ban-the-box” law that will limit employer inquiries and background checks into an applicant’s criminal history until after a conditional offer of employment....more

EEOC Brings First Pandemic Disability Discrimination Suit Over Denial of Telework Accommodation

The COVID-19 pandemic has led to an explosion of remote work, including for positions traditionally not considered eligible for remote work. As employers have returned employees to office work environments, some employees who...more

Iowa Supreme Court Examines Private Sector Drug-Free Workplaces Statute

Since it was passed in 1998, Iowa’s Drug-Free Workplaces Act has been one of the most comprehensive and complex drug-testing statutes in the United States. On June 25, 2021, the Iowa Supreme Court issued a pair of decisions -...more

Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory,...more

#MeToo-Inspired Laws Legislation Hit the Midwest: Illinois Passes Anti-harassment, Pay Equity, and Board Diversity Legislation

After ending 2018 with a slew of new employment laws, Illinois continues to enact legislation impacting employers. Following the example set by California, Washington, and other states recently, the Illinois legislature...more

Wisconsin Supreme Court Holds Carrying “Necessary and Indispensable” Tools in a Company Van Does Not Make a Commute Compensable

Last year, a Wisconsin court of appeals held that it was unsettled under Wisconsin law whether employers may be required to pay employees for time spent driving between home and work in company vans if the vans are also...more

Failure to Provide Employee With Adequate Pumping Breaks and Accommodations Led to $1.5 Million Verdict

In March 2010, as part of the passage of the Affordable Care Act, the Fair Labor Standards Act (FLSA) was amended to require most employers to provide nonexempt employees: ..“reasonable break time for an employee to...more

#MeToo: The Tweet Heard ’Round the World One Year Later

One year ago today, 10 days after the Harvey Weinstein story broke, Alyssa Milano tweeted: “If you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.” While the #MeToo movement was started a...more

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