Patricia Collins

Patricia Collins

June 18, 2024 | The Legal Intelligencer

FTC Noncompete Rule: Legal Challenges Complicate Compliance Timeline

With decisions expected in July, this will give employers and employees a short period of time to prepare for compliance, should the rule survive these challenges. Employers should prepare by identifying impacted employees and reviewing existing agreements

By Patricia Collins

6 minute read

February 13, 2024 | The Legal Intelligencer

The DOL's New Independent Contractor Rule

The new rule and the case law arose under the FLSA, but workers have challenged the classification in other contexts as well. In addition to the fact that independent contractors are not protected by the FLSA and state statutes that impose overtime and minimum wage protections, they lack other protections as well.

By Patricia Collins

6 minute read

October 18, 2023 | The Legal Intelligencer

The Federal Trade Commission's Campaign to Eliminate Noncompetes

The FTC has filed complaints against companies that use noncompete agreements, resulting in consent orders that accomplish the recission of hundreds of existing noncompete agreements.

By Patricia Collins

6 minute read

June 16, 2023 | The Legal Intelligencer

Ninth Circuit Permits a Title VII Claim Based on Offensive Music in the Workplace

The Ninth Circuit's conclusion that employees' allegations regarding playing offensive music in the workplace were sufficient to state a claim for a hostile work environment under Title VII relied on recent U.S. Supreme Court precedent, in Bostock v. Clayton County, 140 S. Ct. 1731 (2020); and Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

By Patricia Collins

6 minute read

April 14, 2023 | The Legal Intelligencer

Pennsylvania Human Relations Commission Adopts Specific Definitions of Protected Classes

The amendments will create new Pennsylvania Code Sections at 16 Pa. Code §§ 41.201–41.207, and would expand the terms "sex," "religious creed" and "race" for purposes of the Pennsylvania Humans Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA).

By Patricia Collins

5 minute read

February 10, 2023 | The Legal Intelligencer

Federal Trade Commission's Proposed Ban on Noncompetes

The ban marks a dramatic change not only in the law, but in the relationship between employers and their key employees.

By Patricia Collins

6 minute read

October 14, 2022 | The Legal Intelligencer

Trafficking Victims Protection Act and Liquidated Damages Provisions in Employment Agreements

Employers eager to recapture the costs of hiring foreign citizens often use damages or repayment provisions in employment agreements. A recent case in the U.S. District Court for the Southern District of New York illustrates a challenge to that strategy.

By Patricia Collins

6 minute read

June 23, 2022 | The Legal Intelligencer

Supreme Court Narrows the Application of the Federal Arbitration Act

The case does not presage a trend toward narrowing the application of the Federal Arbitration Act, and instead demonstrates that the court intends to encourage honoring arbitration agreements by insisting on a textual and precedential approach to the FAA.

By Patricia Collins

6 minute read

October 15, 2021 | The Legal Intelligencer

Courts Uphold Private Employer Vaccine Mandates

Legal challenges are inevitable, and, in many instances, underway. The Equal Employment Opportunity Commission (EEOC) provides some guidance on instituting these mandates, and courts are starting to weigh in with decisions supporting vaccine mandates.

By Patricia Collins

6 minute read

February 22, 2021 | The Legal Intelligencer

3rd Circ. Addresses 'Iqbal' and 'Twombly' in Employment Discrimination Cases

The Third Circuit held that an age discrimination plaintiff need not plead the exact age or duties of the plaintiff's alleged replacement in order to survive a motion to dismiss.

By Patricia Collins

6 minute read