News & Analysis as of

Final Rules Injunctions

CDF Labor Law LLP

FTC Appeals Injunction Against Final Rule Banning Non-Compete Employment Agreements

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Last Friday, the Federal Trade Commission (“FTC”) gave notice to appeal Judge Brown’s nationwide bar on the FTC’s final rule creating a Non-Compete Ban or enforcement of the rule in the case of Ryan LLC v. Federal Trade...more

Parker Poe Adams & Bernstein LLP

How Employers Should Navigate an Environment After FTC Noncompete Rule Was Struck Down

The Federal Trade Commission recently posted a notice on its website acknowledging that the federal court injunction issued in Texas will prevent implementation for now of its final regulations restricting use of...more

Jackson Lewis P.C.

Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

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A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist....more

Weintraub Tobin

FTC Rule Ruled Unenforceable Nationwide

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The Federal Trade Commission issued a rule that would act as a comprehensive ban on non-compete agreements. The ban would have taken effect next month, and would have invalidated non-compete provisions in millions of existing...more

Warner Norcross + Judd

FTC Noncompete Rule Set Aside with Nationwide Effect

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On August 20, 2024, a Texas federal court blocked the Federal Trade Commission’s (FTC) Noncompete Rule scheduled to go into effect on September 4, 2024. Unlike a preliminary injunction entered earlier this year, which only...more

Smith Gambrell Russell

FTC Rule Banning Non-Competes Ruled Unlawful

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Late Tuesday afternoon, the United States District Court for the Northern District of Texas issued a nationwide injunction prohibiting the FTC from enforcing its Non-Compete Rule (“FTC Rule”). The Court set aside the FTC’s...more

Winstead PC

Lawsuits Lead to Inconsistent Judicial Rulings Regarding the FTC’s Noncompete Ban

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Winstead’s Labor & Employment team previously reported that the Federal Trade Commission (“FTC”) issued its final rule largely banning noncompetes nationwide (“Rule”), spurring races to the courthouse in the federal district...more

Schwabe, Williamson & Wyatt PC

Future of Non-Compete Agreements Uncertain After July Court Decisions

The Federal Trade Commission has issued a final rule that largely bans all post-employment non-compete agreements, with limited exceptions. Two decisions in July addressed the FTC’s ban. One found the ban on post-employment...more

TNG Consulting

ATIXA's Position Statement on the Effect of the 2024 Title IX Regulatory Injunctions

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ATIXA issues this position statement to advise members that we discourage institutions covered by the various injunctions from voluntarily implementing the 2024 Regulations on August 1, 2024....more

Saiber LLC

Collision Course: Texas and Pennsylvania Courts Trending Toward Potential Circuit Split on the Viability of the FTC Rule Banning...

Saiber LLC on

On April 23, the FTC issued a Final Rule banning non-compete agreements, subject to a few exceptions. The Final Rule is scheduled to go into effect on September 4. ...more

Kohrman Jackson & Krantz LLP

EEOC’s Pregnant Workers Fairness Act Faces Legal Challenges: Key Takeaways for Employers

Within the last two weeks of June 2024, courts across the country reached opposite conclusions about the U.S. Equal Employment Opportunity Commission’s authority to implement legislation that requires employers to provide...more

Jackson Walker

Court Issues Injunction against Enforcement of FTC Non-Compete Rule

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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

Foley & Lardner LLP

Federal Court Enjoins Effect of FTC Noncompete Rule — But Only for Named Plaintiffs

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On July 3, 2024, the U.S. District Court for the Northern District of Texas entered an order enjoining the enforcement of a rule established by the Federal Trade Commission (FTC) abolishing the vast majority of employee...more

Troutman Pepper

Small Business Lenders Score Big Relief: Texas Federal District Court Grants Nationwide Injunction Against CFPB’s Implementation...

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In a major victory for small business lenders, yesterday the U.S. District Court for the Southern District of Texas granted motions filed by three groups of trade association intervenors to extend the court’s existing...more

Schwabe, Williamson & Wyatt PC

Injunction Sought Against Biden’s Increased Federal Contractor Minimum Wage Order ‎

In April 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule...more

Nilan Johnson Lewis PA

Stay Issued for Federal Vaccine Mandates

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Originally published 11/08/21. Updated 12/01/21. As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Public Charge Rule Survives (For Now)

On November 3, 2020, the U.S. Court of Appeals for the Seventh Circuit temporarily stayed an order that the U.S. District Court for the Northern District of Illinois issued in Cook County, Illinois, et al. v. Wolf et al., No....more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Enjoins ACA Religious Exemption Rules

The Affordable Care Act requires that employer-sponsored group medical insurance plans provide contraceptive coverage without cost sharing. Earlier this year, the U.S. Department of Health and Human Services issued final...more

Seyfarth Shaw LLP

Court Blocks Implementation of Revised Forms Addressing New Public Charge Interpretation

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Seyfarth Synopsis: U.S. District Court in New York issued a nationwide injunction blocking the implementation of USCIS’ final rule on inadmissibility on public charge grounds, which rule resulted in significant changes to...more

Polsinelli

Employers: Be Mindful When Implementing Wellness Programs

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In October 2016, the American Association of Retired Persons (AARP) sought an injunction against the implementation of the Equal Employment Opportunity Commission’s (EEOC) final rules on wellness programs, alleging that the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judges Halt Expanded Exemption From ACA Contraceptive Mandate

In back-to-back decisions, two federal district court judges have blocked implementation of a Trump administration rule that would exempt more employers from the Patient Protection and Affordable Care Act (ACA) requirement...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Defending Employers’ Access to Legal Advice: Comments Filed Supporting DOL’s Rescission of Controversial Persuader Rule

August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the...more

Miller Canfield

Update on Challenge to Overtime Rule

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As previously reported, the Fifth Circuit Court of Appeals is currently reviewing a challenge to the recent Fair Labor Standards Act ("FLSA") overtime changes. Previously, a Texas district court entered an injunction...more

Genova Burns LLC

Fate Uncertain for HHS’s Extension of ACA Discrimination Protections to Abortion & Gender Transition

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In May 2016 HHS issued a final rule implementing the Affordable Care Act’s Section 1557 nondiscrimination provision, which applies to recipients of funding from HHS. The rule prohibits discrimination on the basis of gender...more

Lowndes

Overtime Rule: Court to Decide Request for Injunction by November 22, 2016

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The federal district court judge who heard arguments yesterday on the new overtime rule said he intends to rule by Tuesday (Nov. 22) on the motion for preliminary injunction filed by 21 states attorneys general and several...more

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