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Court Strikes Down FTC Ban on Non-Competition Agreements

On August 20, 2024, a federal judge in Texas ruled that the Federal Trade Commission (FTC) exceeded its authority when it adopted a regulation essentially banning non-competition agreements in the United...more

Down to the Wire for Employers and FTC Noncompete Ban

Employers are running out of time to comply with the FTC’s purported regulatory ban on non-competition agreements. The ban – announced on April 23, 2024 – is scheduled to take effect on September 4. 2024....more

Federal Court in Texas finds FTC Exceeded Its Authority With Noncompete Ban

On July 3, 2024, a federal judge in Texas issued a preliminary injunction barring the FTC from enforcing its proposed near-absolute national ban on non-competition agreements. The Rule was scheduled to take effect September...more

Business Groups Sue to Enjoin DOL Rule Increasing Minimum Salary Thresholds for Overtime Exemption

On May 22, 2024, a group of businesses filed suit to block the U.S. Department of Labor (DOL) from implementing its Final Rule, which would substantially increase the minimum salary required for the “white collar” overtime...more

Maine DOL Announces Enforcement Plan for New Federal Overtime Rule

On April 23, 2024, the U.S. Department of Labor announced its Final Rule related to overtime exemptions, including its increase of the minimum salary threshold for employees to qualify for the duties test exemption. In...more

DOL Final Rule Significantly Increases Salary Threshold for Overtime Exemption

On April 23, 2024, the U.S. Department of Labor (DOL) published its long-awaited final overtime rule, which substantially increases the minimum salary required for the “white collar” overtime exemptions under the Fair Labor...more

FTC Votes to Ban Non-Competition Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted along partisan lines to adopt its proposed “Non-Compete Clause Rule” banning outright virtually all non-competition agreements. Unless enjoined by a federal court,...more

NLRB Places New Limitations on Confidentiality and Non-Disparagement Provisions in Severance Agreements

The National Labor Relations Board recently ruled that severance agreements with broad confidentiality and non-disparagement provisions may be unlawful under the National Labor Relations Act. These widely-used provisions are...more

Revised NLRB Election Standards Should Lead to More In-Person Union Elections

In a welcome development for employers, a recent ruling from the National Labor Relations Board (NLRB) has cleared the way for a return to in-person voting as the standard format for conducting most union elections. This is a...more

New NLRB Case Threatens Employers' Rights to Counter Union Campaigns

In an unfair labor practice complaint recently filed against online retailer Amazon, the Brooklyn Regional Office of the National Labor Relations Board appears to be taking aim at the right of employers to hold mandatory...more

COVID-19 Vaccination Policies: What Employers Need to Know

With several promising vaccinations for the COVID-19 virus scheduled to be released to the public over the next few months, many businesses have been wondering how they can speed up the return to some semblance of normalcy,...more

Back-to-School during COVID-19: A Pierce Atwood Q&A for Employers

As schools throughout New England finalize their plans for the fall semester, many employees are faced with an ongoing need to care or facilitate education for their school-aged children on a part-time or even full-time...more

COVID-19 Federal: Everything Employers Need to Document to Claim Tax Credits for FFCRA Leave

On April 1, 2020, the IRS released guidance on the types of information and records an employer must maintain in order to claim a tax credit for reimbursement of paid leave they provide their employees under the Families...more

National Labor Relations Board Expands Employers’ Rights to Enforce Workplace Rules

In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more

Impact of New Federal Overtime Rule Will Vary Across New England States

On September 24, 2019, the U.S. Department of Labor announced a long-awaited final rule regarding adjustments to the salary requirements under the Fair Labor Standards Act for certain salaried employees, commonly known as the...more

New Overtime Rule Means Minimal Changes for Maine Employers

On March 7, 2019, the U.S. Department of Labor proposed a long-awaited update to the regulations governing overtime exemptions for certain salaried employees, commonly known as the “white collar” exemptions....more

Maine Recreational Marijuana Statute Answers Some Questions For Employers But Raises Others

After more than a year of political wrangling, on May 2, 2018, the Maine Legislature overrode a second veto by Governor LePage and enacted the Marijuana Legalization Act. ...more

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