U.S. Chamber of Commerce and business groups file lawsuit challenging FTC noncompete ban
4/26/24
By: Sunshine R. Fellows
As previously reported, the Federal Trade Commission (“FTC”) approved a rule on April 23, 2024 banning virtually all new noncompete clauses in employment contracts and invalidating existing noncompete agreements except for those covering certain senior …
The FTC votes to ban most Non-Compete Agreements – significant legal challenges expected
4/24/24
By: Sunshine R. Fellows
During an open meeting on Tuesday, April 23, 2024, the Federal Trade Commission voted 3-2 to approve a Final Rule banning non-compete agreements nationwide. The Final Rule will take effect 120 days after its publication in …
DOL releases final rule increasing salary threshold for overtime eligibility
4/24/24
By: Sunshine R. Fellows
On Tuesday, April 23, 2024, the U.S. Department of Labor issued its long-anticipated final rule raising the salary thresholds for overtime exemptions. The final rule, which could take effect this summer, will significantly increase the salary …
EEOC issues final rule on Pregnant Workers Fairness Act
4/18/24
By: Carleigh J. Belardo
Earlier this week, on April 15, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued its final regulation to carry out the Pregnant Workers Fairness Act (“PWFA”). The final rule was approved by a majority of the …
Texas court invalidates Pregnant Workers Fairness Act under Quorum Clause
3/11/24
By: William H. Buechner, Jr.
A Texas district court has held that the Pregnant Workers Fairness Act (the “PWFA”) is invalid because it was enacted in violation of the Quorum Clause of the Constitution. In Texas v. Garland, —- …
Third Circuit rules that requiring employees to provide letter from clergy to support accommodation request may constitute religious discrimination
2/21/24
By: Shane Miller
The Third Circuit Court of Appeals (which includes Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands) recently made clear that an employer should avoid taking two actions when responding to an employee’s request for a workplace …
Is it time to revisit your Non-Compete? Limited Partnership Non-Compete provision endorsed
1/31/24
By: Scott Eric Anderson
In an environment when non-competition agreements have been under attack, the Delaware Supreme Court on January 29, 2024 validated and endorsed the enforcement of a limited partnership agreement’s non-compete tied to an income-forfeiture provision applicable to …
California expands employment discrimination claims to now include off work cannabis use
12/28/23
By: John K. Rubiner and Adam Manaa
On January 1, 2024, California Senate Bill 700 (“SB 700”) will go into effect. SB 700 amends the California Fair Employment and Housing Act (“FEHA”) to prohibit employers from taking any adverse action …
Overalls and overtime: compensation for donning and doffing after Tyger v. Precision Drilling Corp.
11/20/23
By: Edward Patrick Pozo, Nicole T. DuGan, and Justin J. Boron
Recently, the Third Circuit Court of Appeals analyzed when donning and doffing activities will be compensable under the Fair Labor Standards Act (“FLSA”). Tyger v. Precision Drilling …
Third Circuit provides useful reminder about the importance of statistical evidence in disparate impact cases
10/31/23
By: Shane Miller
Recently in Stouffer v. Union Railroad Company, LLC, No. 22-1680, (3d Cir. Oct. 26, 2023), the Third Circuit Court of Appeals issued a precedential decision that serves as a useful reminder about the importance of statistical …
MA Legislature announces changes to MA Paid Family Medical Leave Program, requiring employers to allow employees to use paid leave to supplement weekly benefits
10/24/23
By: Katherine Chenail and Jennifer L. Markowski
The Massachusetts Legislature recently amended the Massachusetts Paid Family and Medical Leave Program, M.G.L. c. 175M, affecting employees’ ability to utilize paid leave, including sick time, vacation, paid time off, and personal time, …
California Supreme Court ruling expands the scope of potential defendants under FEHA
10/23/23
By: Tyler J. Jacobs and Daniel Parker Jett
The California Supreme Court recently issued a ruling in Raines v. U.S. Healthworks Medical Group, 15 Cal.5th 268, 312 Cal.Rptr.3d 301 (Aug. 21, 2023), which resulted in substantial legal implications on business …