The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more
5/3/2024
/ Administrative Procedure Act ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Compete Agreements
On August 2, 2023, in Stericyle Inc., the National Labor Relations Board abandoned the framework it had been using since 2017 to evaluate the legality of workplace rules, like those in employee handbooks. In its place, the...more
On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the...more
On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an...more
2/23/2023
/ Administrative Law Judge (ALJ) ,
Confidentiality Agreements ,
Employee Rights ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
New Rules ,
NLRA ,
NLRB ,
Section 8 ,
Severance Agreements ,
Unfair Labor Practices
The Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions. The Court consolidated the cases, Murphy Oil USA Inc., Epic...more
2/14/2017
/ Arbitration ,
Arbitration Agreements ,
Case Consolidation ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Ernst & Young ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Murphy Oil USA ,
NLRA ,
NLRB ,
SCOTUS
Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more
11/11/2016
/ Affordable Care Act ,
Civil Rights Act ,
Department of Labor (DOL) ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Form I-9 ,
Franchises ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Immigrants ,
Joint Employers ,
LGBTQ ,
Maternity Leave ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Non-Exempt Employees ,
Over-Time ,
Presidential Elections ,
Presidential Nominations ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Title VII ,
Trump Administration ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Safety
On December 11, the National Labor Relations Board (NLRB) continued to intrude into the workplace by holding that employees have a right to use their employer's email system for union organizing purposes and other "concerted...more
A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more