On Tuesday, the Federal Trade Commission (“FTC”) issued its long-awaited final rule regarding non-compete agreements. The FTC determined that non-compete agreements are an unfair method of competition and, therefore, a violation of the FTC Act. Once the rule is effective,
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EEOC Issues Final Pregnant Workers Fairness Act Regulations
The Equal Employment Opportunity Commission (“EEOC”) has finalized its regulations for the Pregnant Workers Fairness Act (“PWFA”), which went into effect last summer. After issuing a Notice of Proposed Rulemaking in August 2023, summarized here, and a notice and…
The NLRB at It Again: The Importance of Ensuring You Have Updated Employment Policies
Recently, the National Labor Relations Board (“NLRB”) announced a settlement it “secured” which required a company to rescind certain work rules and pay two discharged employees $297,000. Of note, the workers were not discharged for violating the alleged unlawful work…
New OSHA Rule Makes it Easier and More Likely That Non-Employee Union Representatives Will Gain Access to Workplaces Through OSHA’s Inspection Process
On April 1, 2024, a new final rule was published which significantly revises OSHA’s longstanding regulations regarding an employee’s right to choose a representative to accompany parties during an OSHA’s onsite inspection and increases the likelihood of union access to…
New Ohio Appellate Decision Endorses Voiding – Rather Than “Blue Penciling” – Overbroad Non-Compete Restrictions
Ohio employers with plans to enforce non-compete agreements may have to think again in light of a recent Ohio Appellate Court decision. In Kross Acquisition Co. v. Groundworks Ohio, 2024-Ohio-592, the Court of Appeals upheld a lower court’s refusal…
Can Employers Request the Retroactive Termination of TTD? The Supreme Court of Ohio Says Yes They Can!
On March 5, 2024, in State ex rel. Dillon v. Indus. Comm., Slip Opinion No. 2024-Ohio-744, the Supreme Court of Ohio overruled its prior authority in State ex rel. Russell v. Indus Comm., 82 Ohio St.3d 516 (1998), which…
Texas Judge Blocks Enforcement of Pregnant Workers Fairness Act Against the State of Texas
On February 27, Judge James Hendrix from the United States District Court for the Northern District of Texas ruled that the federal government cannot enforce the Pregnant Workers Fairness Act (“PWFA”) against the state of Texas as an employer.
The…
NLRB New Joint Employer Rule Put on Hold . . . Again
In a move that gave hope to many business groups, a federal judge in Texas temporarily blocked a controversial new National Labor Relations Board “joint employer” rule on February 22. The new rule, which had been set to take effect…
Reminder For Employers To Be Aware of State and Local Pay Equity Laws
Approximately 21 states and several municipalities have enacted laws that prohibit inquiries by employers into the salary history of applicants. These laws are based primarily on the arguments that: 1) salary history does not accurately reflect an applicant’s qualifications and…
New Year, New OSHA Reporting Requirements: What OSHA’s Final Injury and Illness Tracking Rule Means for Employers
On January 1, 2024, a new Occupational Safety and Health Administration (“OSHA”) Rule took effect: the Final Rule to Improve Tracking. OSHA has long required employers to track and maintain records regarding workplace injuries and illnesses. Since 2016, OSHA…