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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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.

How the Chevron Decision Limits NLRB Influence

In light of the Chevron, it will be more difficult for the NLRB to expand its reach and issue new remedies for violations of the National Labor Relations Act and will no longer be able to engage in sea shifting legal changes.

Supreme Court Limits NLRB Injunctive Powers

Following a recent U.S. Supreme Court decision, the National Labor Relations Board’s burden to secure injunctions against employers has been significantly raised.
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Employers Take Note: EEOC Releases New Guidance Addressing Workplace Misconduct

On April 29, the Equal Employment Opportunity Commission finalized its harassment guidelines that supersede previous editions and address gender identity, social media and telework.

FTC Bans Employee Noncompete Agreements

If permitted to go into effect, the rule will have a profound impact on how U.S. businesses hire, train and pay workers and protect sensitive business information.
 
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