This week, Judge Ada E. Brown of the U.S. District Court for the Northern District of Texas in Ryan v. The Federal Trade Commission upheld a challenge by business groups to the FTC’s non-compete ban. In addition to confirming...more
8/22/2024
/ Administrative Procedure Act ,
Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
Yesterday (July 23), a Pennsylvania judge—in ATS Tree Services, LLC v. Federal Trade Commission—upheld the legality of the FTC's non-compete ban. This ruling contradicts the ruling recently issued in a parallel proceeding in...more
On July 3, a Texas judge in the bellwether lawsuit, Ryan, LLC v. The Federal Trade Commission, became the first to weigh in on the legality of the FTC’s non-compete ban that is set to take effect on September 4. As was widely...more
May 29, in Ryan, LLC et al. v. The Federal Trade Commission, the FTC filed its response in opposition to Plaintiffs’ request to stay/enjoin the FTC Rule banning non-competes from taking effect on September 4. The Court has...more
Mark your calendars for July 3—the date we will likely learn whether a Texas Court will enjoin the FTC Rule banning non-competes from taking effect on September 4. This week, Judge Ada Brown, the presiding judge in Ryan, LLC...more
5/9/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Motion To Enjoin ,
Non-Compete Agreements ,
Restrictive Covenants
To date, three lawsuits have been filed challenging the legality of the FTC’s Final Rule banning non-competes. The initial two cases were filed in Texas federal court, which is widely viewed as a more hospitable forum for...more
5/1/2024
/ Chamber of Commerce ,
Competition ,
Confidential Information ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,...more
4/29/2024
/ 501(c)(3) ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants ,
Tax Exempt Entities
On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
FTC Final Rules Banning Non-Competes Vote Next Tuesday -
As you know, last year, the FTC issued a proposed rule banning virtually all non-compete agreements (which does not include non-solicitation agreements,...more
On January 9, 2024, shareholders in our Restrictive Covenant and Trade Secret Practice Group conducted a webinar covering “What Employers Need to Know About Non-Competes in 2024.” A recording of that webinar is available...more
On July 9, 2021, President Biden made good on a campaign promise to address non-compete agreements by issuing a sweeping executive order that specifically targets barriers to competition. Specifically, the executive order...more
Illinois employers have long been prohibited from using arrest records as the basis for employment decisions under Section 103 of the Illinois Human Rights Act (“IHRA”). ...more
On April 1, 2020, the United States Department of Labor (DOL) issued a Final Rule implementing the Families First Coronavirus Response Act (FFCRA). Shortly thereafter, the State of New York filed suit against the DOL,...more
Polsinelli is pleased to share The Privacy Survival Guide. This newsletter is a designated source of news, information and guidance on the constantly evolving health care privacy industry.
...more
As employers begin seeing rays of light at the end of the tunnel and start thinking of reopening, a question at the forefront of those preparations is whether they can test their employees for COVID-19. Such a test would...more
Due to the COVID-19 pandemic, schools in the United States have generally suspended brick-and-mortar operations nationwide and are almost exclusively conducting classes through remote learning for the remainder of the...more
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the “Act”), requiring employers with less than 500 employees to provide Public Health Emergency Leave and Paid Sick Time to employees...more
There is a growing trend to use biometric data for business purposes. For employers, this often includes using fingerprints or facial recognition software for employees to clock-in and out....more
1/28/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Injury-in-Fact ,
Liquidated Damages ,
Personal Data ,
Personally Identifiable Information ,
Standing
The Office of Inspector General’s (OIG’s) recent report found significant delays in states’ implementation of a background check program for long-term care employees. Because the interplay between Ban the Box laws and...more
Monday, in EEOC v. Abercrombie & Fitch Stores, Inc. the Supreme Court held that making employment decisions based on assumptions related to religion (or any other protected class for that matter) can trigger liability under...more
6/3/2015
/ Abercrombie & Fitch ,
Disparate Treatment ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Religious Accommodation ,
Religious Clothing ,
Religious Discrimination ,
Retailers ,
SCOTUS
For employers, dealing with the Ebola "crisis" is not as theoretical as it has been made out to be. There are already a number of laws, regulations, and guidance in place to help pave the path for employers. This country has...more
In This Issue:
- Employment Law New Year’s Quiz
- For More Information
- Excerpt from Employment Law New Year’s Quiz:
1. An employee has complained that he has been working long hours recently, but...more
1/3/2014
/ COOs ,
DOMA ,
Email Policies ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
OFCCP ,
OSHA ,
Over-Time ,
Same-Sex Marriage ,
TRICARE ,
Unions ,
US v Windsor ,
Wage and Hour ,
Workplace Injury
On November 20, 2013, Governor Pat Quinn signed the Religious Freedom and Marriage Fairness Act ("Act") into law, making Illinois the 16th state to legalize same-sex marriage. The Act will take effect on June 1, 2014....more