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
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
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
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
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
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
On April 23 we reported on the Federal Trade Commission’s vote to ban almost all non-competition agreements in the United States. Within hours of that vote, Ryan LLC, a global tax consulting firm headquartered in Dallas,...more
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
Yesterday, Maine Governor Janet Mills preemptively declared a state of emergency because of the approaching storm, known as Hurricane Lee.
While the storm’s projected impacts on Portland are uncertain, there is a clear...more
After more than a decade’s worth of attempts, Congress has finally passed the Pregnant Workers Fairness Act (PWFA). The PWFA broke through the logjam as part of the must-pass $1.7 trillion government funding bill shepherded...more
The American workforce is in crisis, buffeted by one challenge after another – some recent, and some, like demographic changes, that have been building for decades. At a recent employment law seminar – our first in-person...more
Portland City Council repeals state of emergency and approves a citywide indoor mask mandate
Portland’s emergency minimum wage will come to an end after only 12 days, as the Portland City Council voted 8-1 on Monday,...more
Portland City Council Declines to Repeal State of Emergency, Triggering Hazard Wage Effective 1/1/2022
On Monday, December 20, the Portland City Council voted to postpone action to repeal the current municipal state of...more
OSHA has issued new workplace guidance. The new guidance, released August 13, supplements the earlier one discussed in our June 14 Alert which focused primarily on unvaccinated or “otherwise at-risk workers.” It also...more
OSHA has finally released its long-delayed Emergency Temporary Standard (ETS), its first and only exercise of rule-making authority in connection with the pandemic. Second, it has released an Updated Guidance on Mitigating...more
On Monday, December 21, Congress enacted a $900 billion stimulus package to support American workers and businesses impacted by COVID-19. The bill awaits President Trump’s signature, which as of this writing is uncertain....more
From the early days of the pandemic, we’ve covered the importance of having an Infectious Disease Preparedness and Response Plan based on existing OSHA Guidance. That Plan – based on CDC guidance, incorporating state-specific...more
10/20/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disaster Preparedness ,
Incident Response Plans ,
Infectious Diseases ,
Job Duties ,
Occupational Exposure ,
Occupational Injury ,
OSHA ,
Re-Opening Guidelines ,
Regulatory Authority ,
Workplace Safety
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
9/4/2020
/ Americans with Disabilities Act (ADA) ,
Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disabled Children ,
Distance Learning ,
Employee Benefits ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Remote Working ,
School Closures ,
School Districts ,
Students ,
Wage and Hour
COVID-19 is the pandemic that keeps on giving. As the Fourth of July marks the start of the summer vacation season, more and more employees are going to be taking time off. State quarantine orders - until now perhaps only of...more
7/4/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Paid Leave ,
Popular ,
Public Health Emergency ,
Quarantine ,
State Labor Laws ,
Temporary Regulations ,
Traveling Employee ,
Vacation Leave ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
In our May 19, 2020 alert, Plan Now for Bringing Back Your Workforce – Part IV, we detailed the EEOC's guidance on high-risk employees (i.e. employees with medical conditions that render them particularly vulnerable to...more
Update on High-Risk Workers and Developments at OSHA & CDC -
In our alert series, Plan Now for Bringing Back Your Workforce, we’ve explored the importance of creating an OSHA-compliant Infectious Disease Preparedness and...more
5/20/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Response ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
High Risk Covid Employees ,
Long Term Care Facilities ,
Manufacturing Facilities ,
Nursing Homes ,
OSHA ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Workplace Safety
Why an OSHA-derived plan is your best strategy for controlling COVID-19-related liability -
In the first two parts of our series we described strategies for managing COVID-19 risks as businesses reopen, and employers,...more
Creating an Infectious Disease Preparedness and Response Plan -
In part one of this series, we covered the principles that should govern how you plan for the resumption of more “normal” operations. In particular, we...more
Part I - OSHA Guidance on COVID-19 Lowers Risk and Helps Point the Way Back to Work -
As hard as it may be at times to believe this, the day will soon come when your business will be able to start returning to something...more
With updated and amended information on the Families First Coronavirus Response Act (FFCRA) coming from the Department of Labor (DOL) nearly every other day, many (but not all) of our most burning questions are slowly being...more
Emergency legislation has been enacted at both the federal and state levels to address the impact of the COVID-19 pandemic on the workplace. While more legislation is likely to follow, at least at the federal level, here’s...more