In November, a Texas federal court struck down the Biden Department of Labor’s (DOL) rule that would have made millions of salaried workers eligible for overtime pay....more
12/4/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Human Resources Professionals ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On September 10, 2024, the Equal Employment Opportunity Commission (EEOC) filed the first-ever lawsuit under the Pregnant Workers Fairness Act (PWFA). The EEOC filed suit in the Western District of Kentucky claiming Wabash...more
A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s...more
On August 20, 2024, United States District Judge Ada Brown (Northern District of Texas) issued an order that the Federal Trade Commission’s controversial noncompete ban “shall not be enforced or otherwise take effect on...more
On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hodge, J.) declined to enjoin the Federal Trade Commission’s noncompete ban (“Rule”) in a ruling in the matter of ATS Tree Services,...more
On July 3, 2024, the United States District Court for the Northern District of Texas (Brown, J.) granted motions to preliminarily enjoin the Federal Trade Commission from enforcing its noncompete ban against parties...more
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a rule banning virtually all employment noncompete agreements in the United States. At least two federal lawsuits are seeking to stay the rule’s current...more
On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) finalized its rule implementing the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to require employers to reasonably accommodate employees...more
On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or...more
5/7/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Human Resources Professionals ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023). The...more
On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) for enabling rules to the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to address gaps...more
One of the most important decisions in employment discrimination law this year remains the Fourth Circuit Court of Appeals’ decision in Balderson v. Lincare Inc., in which the Court reiterated that Title VII plaintiffs (and...more
On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (“NLRB”), issued a memorandum arguing that noncompete agreements, in most circumstances, violate Sections 7 and 8 of the National Labor...more
On January 5, 2023, the Federal Trade Commission announced a proposed rule eliminating most non-compete provisions in employment agreements.
The move by the FTC comes one day after the agency announced enforcement...more
1/10/2023
/ Anti-Competitive ,
Competition ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Human Resources Professionals ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
In Gallaher, et al. v. Ciszek, et al., 2022 NCBC 67, Chief Business Court Judge Louis A. Bledsoe, III, recently held that three neonatologists who continued to work after their employer unilaterally reduced their...more