June 18, 2024 | The Legal Intelligencer
FTC Noncompete Rule: Legal Challenges Complicate Compliance TimelineWith 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 RuleThe 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 NoncompetesThe 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 WorkplaceThe 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 ClassesThe 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 NoncompetesThe 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 AgreementsEmployers 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 ActThe 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 MandatesLegal 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 CasesThe 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
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