The Decision - On Tuesday, August 20, 2024, employers throughout the country breathed a sigh of relief when a federal trial judge in Dallas struck down the FTC’s rule banning non-competes. It brought to a conclusion a...more
On July 3, 2024, a federal court in the Northern District of Texas issued an injunction against enforcement of the Federal Trade Commission’s rule banning non-compete agreements (the “Rule”). The Rule was to become effective...more
On April 23, 2024, the U.S. Department of Labor (DOL) released a Final Rule increasing the minimum salary an employee must receive to be excluded from overtime payments. This will result in millions more employees either...more
On April 23, 2024, in a 3 to 2 vote, the Federal Trade Commission (FTC) voted to implement its final rule prohibiting non-compete agreements in the workplace. What the Final Rule Prohibits - Scheduled to take effect 120 days...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
On February 22, 2023, the United States Supreme Court decided Helix Energy Solutions Group, Inc. et al v. Hewitt, a case involving a recurring issue under the Fair Labor Standards Act: what constitutes a “salary.”...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that would prohibit non-compete agreements in the workplace. The proposed rule follows on the heels of a statement issued by the FTC in...more
On July 9, 2021, as part of an executive order announced to promote competition and increase wages for workers, President Biden directed the Federal Trade Commission to consider two key areas affecting employers: first, “to...more
On January 12, 2021, the United States Court of Appeals for the Fifth Circuit issued a groundbreaking decision announcing that district courts should “rigorously enforce” a more stringent standard for the certification of...more
The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations.
Classifying Your Staff -
What is the difference between a paid employee and an unpaid volunteer? Under...more
8/27/2020
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance ,
Hiring & Firing ,
Independent Contractors ,
Internships ,
Job Duties ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Nonprofits ,
Over-Time ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Primary Duty Test ,
Sick Leave ,
Unpaid Interns ,
Vacation Pay ,
Volunteers ,
Wage and Hour
Title VII of the Civil Rights Act of 1964 provides a claim for discrimination in employment on the basis of race, color, national origin, sex, religion, and retaliation, but it requires that a plaintiff file a charge of...more
6/10/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination