By now, we all know that the FTC proposed a rule that will ban nearly every noncompete agreement and that a number of companies have filed legal challenges to it. This week, a federal judge in Pennsylvania weighed in, denying a request to enjoin the rule. This essentially causes a split among two federal
The top lawyer for the National Labor Relations Board (NLRB) is ordering her subordinates to continue to seek injunctions against employers for alleged violations of the National Labor Relations Act (NLRA), despite the Supreme Court seemingly making it more difficult to obtain an injunction to enjoin an unfair labor practice.
Section 10(j) of the NLRA
What happens when the NLRB asks a federal court to remand a case back to the Board based on a new case holding to interpret the matter before it, the court does so, and then the Board pulls a “bait and switch” to flat out reject the very case authority it based its request on?
On Wednesday, July 3, a Texas federal court enjoined the Federal Trade Commission’s (FTC) rule banning most noncompetes (the Noncompete Rule) and has stayed the implementation of the Noncompete Rule, but only as to the plaintiffs involved in that case.
The ruling is “preliminary,” with a subsequent ruling planned on the ultimate merits of the
Can you prohibit your employees from bringing firearms to your workplace? You may think the answer is yes, but it’s more complicated. Recent state laws on gun rights have raised questions regarding guns at work. Here we will try to boil it down for you.
A few states have recently
Crisis planning is not everyone’s idea of a good time, but an ounce of prevention is worth it when you are faced with a crisis.
Here are 10 things to think about as you prepare for a possible crisis:
With the passage of the Pregnant Workers Fairness Act (PWFA), the law on how you accommodate pregnant workers changed last June, and we blogged about it. Then the EEOC issued extensive regulations last August, and we blogged about that. In every state but Louisiana and Mississippi, those regulations went into full effect on June 18
In an 8-1 decision authored by Justice Clarence Thomas, the United States Supreme Court settled the conflict among circuits in setting the standard for issuing 10(j) injunctions sought in unfair labor practice proceedings. In Starbucks v. M. Kathleen McKinney, the Supreme Court ruled in favor of Starbucks who was seeking to overturn a temporary
The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a fact sheet for small businesses. This is the EEOC’s first update to its harassment guidance in 30 years
What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also make modifications to the work environment so that a disabled individual can perform the essential functions of the position. In some cases