News & Analysis as of

Pending Litigation Employer Liability Issues

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

Another Federal District Court Enjoins FTC Noncompete Rule, but the Rule’s Effective Date Still Looms

On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision...more

Fenwick & West LLP

Courts Wrestle over FTC's Noncompete Ban

Fenwick & West LLP on

The Federal Trade Commission's controversial ban on noncompete agreements is getting competing receptions in federal court. A Pennsylvania federal district court recently ruled that the FTC acted within its authority in...more

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

Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

Bricker Graydon LLP

Non-Competes Banned? Not in the Heart of Texas!

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Almost immediately after the Federal Trade Commission (FTC) issued its rule essentially banning non-compete agreements nationwide for all workers, the lawsuits started flying. One of the first cases filed was by Ryan, LLC...more

Steptoe & Johnson PLLC

The Federal Trade Commission Ban on Non-Competes and its Impact on Transitioning Representatives and Advisors

Steptoe & Johnson PLLC on

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule banning non-compete provisions nationwide (the Rule). While the FTC contends that non-competes keep wages low, suppress new ideas and stifle the...more

Lowenstein Sandler LLP

First Employee Lawsuit Filed Seeking to Avoid the Workers’ Compensation Exclusivity Bar for COVID-19-Related Injuries

Lowenstein Sandler LLP on

Among the many issues employers are struggling with in the midst of the current COVID-19 crisis is the risk of harm to an essential employee who is compelled to report to work. While, of course, most employers are proactively...more

Fisher Phillips

Business Groups Bring Legal Challenge to California’s Prohibition on Mandatory Arbitration Agreements

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A coalition of business groups led by the U.S. Chamber of Commerce just filed a lawsuit against California Attorney General Xavier Becerra and other state officials seeking to block AB 51, a recently passed statute which will...more

Fisher Phillips

California Supreme Court Will Have The Final Word On Exceptions To Activity-Based Pay Systems

Fisher Phillips on

Over a decade has passed since an appellate court in California ruled that employers could not average pay for productive activity to include unpaid non-productive activity in meeting their minimum wage obligations. That...more

Seyfarth Shaw LLP

Franchise “No-Hire” Agreement Class Actions And The Single Enterprise Defense

Seyfarth Shaw LLP on

Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of...more

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