Labor and Employment Law Center

Information on the latest labor and employment legal and regulatory developments and how they may impact your business.

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Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

This review-and-repeal effort prioritizes the evaluation of the lawfulness of existing regulations in light of 10 recent U.S. Supreme Court decisions.
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FTC Launches Public Inquiry – Anticompetitive Regulations on the Chopping Block

The RFI invites public comment on issues or concerns regarding regulations that can operate to exclude new market participants, protect dominant incumbents and predetermine economic winners and losers.
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DOJ Launches Task Force to Identify and Eliminate Anticompetitive Laws and Regulations

The formation of the Task Force comes just weeks after the Commission issued guidelines explaining how it will assess whether business practices affecting workers violate the antitrust laws.

New Labor Task Force to Investigate and Prosecute Unfair and Anticompetitive Labor Market Conduct

The formation of the Task Force comes just weeks after the Commission issued guidelines explaining how it will assess whether business practices affecting workers violate the antitrust laws.
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Equal Employment Opportunity Revoked – Now What?

What does the President's executive order revoking Equal Employment Opportunity mean for employers?
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FTC Files Opening Brief in Noncompete Rule Appeal

In its brief, the FTC asserts that the Federal Trade Commission Act grants it authority to issue substantive rules defining unfair methods of competition, including the ban on noncompetes.
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FTC Asserts Its Rulemaking Authority in Opening Brief Defending Its Ban on Noncompetes

The FTC has argued on appeal that a district court impermissibly divested the commission of its core statutory authority to prevent the use of unfair methods of competition.

FTC Appeals Decision in the Ryan Case: Fate of the Noncompete Rule Now Rests in the Appeals Courts

Following a nationwide injunction on the FTC’s ban on noncompete agreements, appeals courts – and likely the Supreme Court – will rule on the critical issues underpinning the validity of FTC authority.
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Third Circuit’s Precedential Ruling Holds That Employers Are Not Obligated to Apply FMLA Entitlements Retroactively

As clear guidance to employers, the court’s ruling provides that an employee cannot if the employee is evaluated by a health care provider and obtains FMLA certification regarding the condition after the fact.

Supreme Court to Review Reverse Discrimination Employment Case

An employment discrimination case will have the Supreme Court review whether reverse discrimination for claims require a “higher” burden when the employee is a non-minority.

With Effective Date Fast Approaching, the FTC’s Noncompete Ban Is Set Aside

In a decision impacting employers and employees nationwide, a federal judge prohibited the FTC’s enforcement of its ban on noncompete agreements -- scheduled to take effect on Sept. 4, 2024.
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New Rule Gives NLRB Ability to Block Union Elections

The NLRB recently issued the finalized Fair Choice – Employee Voice Final Rule, which brings a number of key updates including allowing the NLRB to block a union election from taking place.
 
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