Good News for Employers: Texas Court Blocks FTC’s Non-Compete Ban
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- On August 20, 2024, a judge in the U.S. District Court for the Northern District of Texas granted a nationwide injunction against the Federal Trade Commission’s (“FTC’s”) rule banning non-competes with employees (the “ Rule ”). As we previously reported, the court foreshadowed this... ›
Potential Exceptions Under FTC’s Non-Compete Ban
By: Cooper J. Spinelli, Eric Akira Tate, Alexander Okuliar, Lisa M. Phelan, David J. Shaw and Megan E. Gerking
On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including enforceability, legal challenges, policy implications, how it interacts with other laws,... ›FTC Issues Final Rule Banning Non-Competes
By: Eric Akira Tate, Andrew R. Turnbull, Cooper J. Spinelli, Alexander Okuliar, Lisa M. Phelan, Megan E. Gerking, Michael Schulman and Melissa M. Harclerode
On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in the context of a sale of business. The Final... ›Maryland Poised to Continue Trend of Jurisdictions Mandating Pay Transparency in Job Postings
By: Andrew R. Turnbull and Keniece Y. Gray
Maryland is seeking to become the latest jurisdiction to require companies to disclose pay in job postings. On March 29, 2024, the Maryland Senate approved House Bill 649, Labor and Employment – Equal Pay for Equal Work – Wage Range Transparency (“HB 649”). If signed by... ›Non-Compete Q1 2024 Round Up - FTC, California, and New York
By: Eric Akira Tate, Cooper J. Spinelli and Caleb D. Woods
While the FTC was relatively quiet in 2023 on the non-compete front, California forged ahead with two amendments to its non-compete statute (Business and Professions Code section 16600) that, depending on how courts interpret them, could be one of the most significant developments in... ›Supreme Court Reverses Second Circuit in Favor of Whistleblower Plaintiff, Holding That SOX Plaintiffs Need Not Prove Retaliatory Intent
By: Eric Akira Tate and Cooper J. Spinelli
Earlier this month, the Supreme Court unanimously reversed the Second Circuit’s decision in Murray v. UBS and resolved a circuit split in favor of employees, holding that although intent is an element of a Sarbanes-Oxley (“SOX”) whistleblower case, a SOX plaintiff does not have... ›Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors
By: Andrew R. Turnbull and Keniece Y. Gray
On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to disclose compensation being offered in job postings. If implemented, the requirements will apply broadly to... ›- - PAGA, Legislation
Per the California Supreme Court: PAGA Claims May Not Be Stricken on Manageability Grounds
The California Supreme Court has issued its opinion in Estrada v. Royalty Carpet Mills, Inc. (S274340, Jan. 18, 2024), resolving a split of authority regarding whether claims brought under the Private Attorneys General Act (PAGA) may be stricken where there is no manageable way... › Collective redundancies in Europe
By: Lara M. King, Christin Dunkel, Oliver Spratt and Hanno Timner
One of the difficult realities of running a business is that companies occasionally find themselves needing to make reductions to their staff headcount, be it because of workplace shutdowns due to economic difficulties, reorganizations, the need for synergy after acquisitions, or any number of... ›Whistleblower Roundup - Cal. Labor Code Section 1102.5, SOX, and More
By: Eric Akira Tate and Cooper J. Spinelli
Each year seems to bring significant developments in whistleblower law, and 2023 has been no exception. As whistleblower activity increases, so, too, has the scope of its protections. From state to federal government, from the SEC to the U.S. Supreme Court, courts and regulators... ›