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Employees Constitutional Challenges

Buckingham, Doolittle & Burroughs, LLC

Federal Judge Blocks FTC Non-Compete Ban

The wait is over. On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission’s (FTC) proposed ban on non-compete agreements...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Update: FTC’s Ban on Non-Compete Agreements Set Aside

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On August 20, 2024, the United States District Court for the...more

Littler

Michigan Supreme Court Voids Existing Minimum (Cash) Wage and Paid Sick Leave Laws and Revives Old Laws

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On July 31, 2024, the Michigan Supreme Court, in a 4-to-3 decision, found unconstitutional legislative amendments that significantly revised minimum wage, tip, and paid sick leave standards....more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 123: Michigan Supreme Court Resuscitates State’s Earned Sick Time Act of 2018

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On July 31, 2024, the Michigan Supreme Court issued its long-awaited decision in Mothering Justice et al. v. Attorney General et al., holding in a 4-3 ruling that Michigan’s current paid sick leave law, the Paid Medical Leave...more

CDF Labor Law LLP

EEOC Regulations On Pregnancy Workers Fairness Act Partially Enjoined Before Implementation

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Earlier this spring, we published an article detailing the highlights of the United States Equal Employment Opportunity Commission’s (“EEOC”) new 408-page regulations on the Pregnancy Workers Fairness Act (“PWFA”)....more

Seyfarth Shaw LLP

FTC Non-Compete Ban: What You Need to Know (UPDATED)

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On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being...more

Seyfarth Shaw LLP

Cutting Off Claims – When Does the FTC Noncompete Ban Allow for Accrued Actions?

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The FTC’s Final Rule banning non-competes in worker agreements contains a noteworthy exception that its provisions “do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.” ...more

Butler Snow LLP

Pregnant Pause? Lawsuit Attempts to Halt the EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act

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To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretative guidance to implement the Pregnant Workers...more

Hinshaw & Culbertson - Employment Law...

Eleventh Circuit Rules Mandatory Meeting Prohibition of Florida's "Stop W.O.K.E. Act" Restricting Workplace Diversity Training is...

Earlier this month, the Eleventh Circuit affirmed the district court's preliminary order blocking enforcement of the Individual Freedom Act's provision banning mandatory workplace trainings endorsing certain viewpoints. The...more

Littler

Texas District Court Declares State Preemption Law Unconstitutional. What Now?

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The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law....more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Bradley Arant Boult Cummings LLP

Love and Marriage: How the Respect for Marriage Act Affects Employers (or Does It?)

On December 13, President Biden signed the Respect for Marriage Act, which passed the Senate and House with bipartisan support. Many see the bill as a reaction to a concurrence in the Supreme Court’s decision in Dobbs v....more

UB Greensfelder LLP

District Courts Block Nationwide Vaccine Mandate for Federal Contractors

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Due to the ongoing pandemic, federal contractors nationwide – and the attorneys who represent them – have been closely monitoring the government’s implementation of a vaccine mandate. The potential of an enforceable mandate...more

Sheppard Mullin Richter & Hampton LLP

Executive Order 14042 - Update 12.0 U.S. District Court Issues Nationwide Injunction

Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement of Executive...more

Fenwick & West LLP

COVID-19 Developments for Federal Contractors…

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[Editor's Note (12/07/21): A second court―the U.S. District Court for the Southern District of Georgia―has issued an injunction halting enforcement of the federal contractor vaccine mandate on a nationwide basis. The district...more

Butler Snow LLP

Federal Contractor Vaccine Mandate Blocked Nationwide

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A federal judge in Georgia issued a nationwide injunction blocking Biden’s vaccine mandate for federal contractors. The case is Georgia v. Biden, S.D. Ga., No. 21-cv-00163, 12/7/21. The mandate was set to take effect on...more

Butler Snow LLP

Federal Contractor Vaccine Mandate Blocked in Kentucky, Ohio, and Tennessee

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On November 30, 2021, the United States District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to halt enforcement of the vaccine mandate for federal contractors set forth in...more

Buckingham, Doolittle & Burroughs, LLC

Federal Courts Freeze Federal Contractor and CMS Vaccine Mandates

Preliminary injunction blocks vaccine mandate for federal contractors and subcontractors - On November 30, 2021, The U.S. District Court for the Eastern District of Kentucky issued a preliminary injunction preventing the...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Snell & Wilmer

Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities

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Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing...more

Steptoe & Johnson PLLC

UPDATE: Sixth Circuit Will Hear Legal Challenges to OSHA’s Mandatory Vaccination and Testing Standard

Steptoe & Johnson PLLC on

On November 5, 2021, OSHA published its Emergency Temporary Standard (“ETS”), requiring private employers with 100 or more employees to establish, implement, and enforce a written mandatory vaccination or testing policy. ...more

Butler Snow LLP

Alabama Enacts Legislation That Restricts COVID-19 Vaccine Mandates

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Alabama has joined an ever-increasing number of states that have passed laws aimed at countering the federal government’s COVID-19 vaccination mandate. Alabama Senate Bill 9 restricts Alabama employers from requiring COVID-19...more

Bradley Arant Boult Cummings LLP

OSHA Suspends ETS Enforcement in Wake of Fifth Circuit’s Latest Jab at Vaccine Rule, But Future Remains Uncertain

The saga of the Occupational Safety and Health Administration’s (OSHA) newly announced COVID-19 Emergency Temporary Standard (ETS) continues. As you know, the ETS requires employers with 100 or more employees to mandate...more

Bradley Arant Boult Cummings LLP

Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond

As most employers already know, OSHA’s newly announced COVID-19 Emergency Temporary Standard (ETS) is set to take effect January 4, 2022, and will require, among other things, that workers at U.S. companies with at least 100...more

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