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
Daniel Schwartz
Dan represents employers in various employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, and wage and hour issues. He has extensive trial and litigation experience in both federal and state courts in a variety of areas, including commercial litigation and trade secret enforcement. Dan is the author of the independent Connecticut Employment Law Blog. The blog discusses new and noteworthy events in labor and employment law on a daily basis.
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…
Podcast Season 2, Episode 2 Now Available: Tackling Difficult Accommodations Under ADA and FMLA
Scenarios that arise for employers under the Americans with Disabilities Act and the Family Medical Leave Act are often complex and without simple solutions. Oftentimes, these situations hinge on a particular fact that might be unusual or unique. In this podcast, we will present a brief overview of the ADA and FMLA, look at some…
New Podcast Episode Now Available: Employer Policies After the Stericycle Decision
We begin Season 2 of From Lawyer to Employer with a discussion about the recent Stericycle Decision from the National Labor Relations Board. Listen as guest speaker, Sarah Niemiroski chats with host, Daniel Schwartz about the the far-reaching impacts this decision has for employers when creating workplace policies. What’s different about Stericycle as opposed to Boeing? What type…
What Employers Should Do When Employees Fail to Report Time
Employers often struggle with what to do when employees fail to report their time accurately. A recent decision by the Second Circuit illustrates how costly it can be for employers who don’t address the issue properly.
In Perry et al. v. City of New York, the Second Circuit upheld a significant jury verdict in…
Public Officials Caution Employers to Reexamine DEI Practices in Wake of U.S. Supreme Court’s Affirmative Action Ruling
About a month ago, in Students for Fair Admissions v. Harvard College, the U.S. Supreme Court all but sounded the death knell for considering race or ethnicity as such in admissions to public educational institutions or those receiving federal funds.
Since then, many scholars, pundits, and attorneys have debated the extent to which the Court’s…
Connecticut Supreme Court Reaffirms “Transferred Intent” Theory of Discrimination
In Hartford Police Department v. Commission on Human Rights & Opportunities (HPD v. CHRO), the Connecticut Supreme Court upheld the agency’s post‑hearing finding that a police department had unlawfully terminated a probationary officer due to discriminatory animus displayed by, and imputed from, a supervisor other than the final decisionmaker.
In doing so, the…
U.S. Supreme Court Revises Long-Standing Religious Accommodations Test
This morning, the U.S. Supreme Court unanimously toppled decades-old precedent governing an employer’s treatment of religious accommodation requests. While the decision in Groff v. DeJoy has been overshadowed by Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, which threw out Harvard and UNC’s affirmative action programs, Groff has broad-reaching impacts…
Recap of Employment Laws Passed in Connecticut’s 2023 General Assembly Session
Connecticut’s 2023 General Assembly concluded last week. But for the first time in many years, many of the major pieces of legislation in the labor and employment area did not pass. In fact, the legislative session will ultimately be thought of for the bills that died on the floor, rather than for the bills that passed. …