A federal court in Texas yesterday issued a permanent nationwide injunction barring the Federal Trade Commission’s Non-Compete Agreement Ban from going into effect. As a practical matter, and barring an unlikely reversal from the 5th Circuit, this means the proposed nationwide ban on non-compete agreements is virtually dead for now, though employers will still need
DHS Announces New Green Card Pathway for Certain Undocumented Spouses and Stepchildren of US Citizens
UPDATE:
On August 26, 2024, the United States District Court for the Eastern District of Texas administratively stayed DHS from granting parole in place under this new “Keeping Families Together” program for 14 days. The Court has since extended this stay through September 23rd, and further extensions are possible. While the stay order is in …
DOL Rule on Increased FLSA Salary Thresholds Goes into Effect Today
Today, the DOL’s Final Rule expanding overtime protection in the form of salary threshold increases for FLSA exempt workers takes effect for most employers across the country. There has been some uncertainty over the past month with three cases pending in Texas federal court challenging the legality of the rule. On Friday, June 28, 2024…
Department of Justice Issues Final Rule on Web Accessibility and the ADA
On April 24, 2024, the United States Department of Justice (“DOJ”) published its much-anticipated final rule regarding website and mobile app accessibility for state and local governments. The new rule, which implements Title II of the Americans with Disabilities Act (“ADA”), has specific requirements to ensure that web content and mobile apps are accessible to and…
Supreme Court Clarifies Standard for Title VII Claims Related to Job Transfers
The Supreme Court of the United States (“Supreme Court’) recently clarified the standard for claims brought under Title VII involving allegations of discrimination related to job transfers. Specifically, the Supreme Court held that employees only need to show “some harm” to the terms and conditions of their employment resulting from the transfer and unanimously rejected…
A Busy Week for FTC and DOL: New Rules Announced Restricting Non-Compete Clauses and Expanding Overtime Protection
FTC Issues Anticipated Rule Barring Non-Compete Agreements
On Tuesday afternoon, the Federal Trade Commission issued a final rule largely banning non-compete agreements for employees. The rule is intended to go into effect in around four months but will likely be the subject of multiple legal challenges.
The rule is short in its nature.
It defines…
What Employers Should Know About the EEOC’s Final Regulations on Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA), in force since June 27, 2023, requires employers with 15 or more employees to accommodate pregnancy-related limitations. The Equal Employment Opportunity Commission (EEOC) recently released a 408-page final rule on April 15, 2024, implementing the PWFA, effective from June 18, 2024.
This post will recap some of the key…
Supreme Court Announces New Test for Determining Whether Social Media Posts Constitute State Action
Earlier this month, the Supreme Court considered whether James Freed, a city manager who maintained a “mixed use” Facebook account on which he posted information about his personal life and his job, violated the First Amendment and was subject to liability under 42 U.S.C. § 1983 (“Section 1983”) when he deleted comments with which he…
Regional Director of NLRB’s Region 1 Office Upends College Sports by Declaring That Student Athletes Are Employees
On Monday, February 5, 2024, the Region 1 Regional Director of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election that permits the Dartmouth College men’s basketball team to proceed forward with a union election.
The National Labor Relations Act (“NLRA”) grants expansive rights to employees of most private sector…
Department of State to Launch Stateside H-1B Visa Renewal Pilot Program on January 29
The U.S. Department of State (DOS) is launching a stateside visa renewal pilot program that will allow certain eligible H-1B visa holders to apply to renew their visa stamp from within the United States during a defined time period. The H-1B visa is for foreign nationals who are working in the United States in professional…