
What does the President's executive order revoking Equal Employment Opportunity mean for employers?

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.

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.

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.

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.

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.

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.

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.

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.

Following a recent U.S. Supreme Court decision, the National Labor Relations Board’s burden to secure injunctions against employers has been significantly raised.

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

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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