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The Legal Intelligencer

FTC Publishes Noncompete Ban, Legal Challenges Promptly Follow

The same day it voted to publish the final rule, tax services and software company Ryan LLC filed a lawsuit in the U.S. District Court for the Northern District of Texas seeking an injunction to stop the implementation of the ban. The following day, the U.S. Chamber of Commerce and three other business groups filed a similar lawsuit in the Eastern District of Texas challenging the ban.
4 minute read

New Jersey Law Journal

Red Lobster Bankruptcy Will Test New Jersey's Stricter WARN Act

Under the federal version of WARN, an employer must give workers a written notice 60 days before a mass layoff or plant closing. New Jersey's version of WARN, which was updated in 2023, now requires 90 days of notice of a plant closing or mass layoff.
4 minute read

New York Law Journal

Non-Compete Agreements Under Attack: The Current and Future Utility of Restrictive Covenants in New York

For the past several years, non-compete agreements have been under attack by legislatures, agencies and regulators throughout the country. Since then, many states have passed legislation restricting the use of non-competes. These agreements have also become the topic of ongoing debate among New York lawmakers.
7 minute read

Daily Report Online

EEOC Accuses Smithfield Foods of Terminating Employee Due to Age, Not Relocation Denial

"[Smithfield's] sole proffered justification for including Hahn in their RIF is an alleged refusal to relocate her employment to Smithfield, Virginia," the complaint said. "The group of at least 18 employees whom [the defendants] did not terminate included at least one 30-year-old senior sales account manager who worked remotely, received a request to relocate, and ultimately did not relocate."
3 minute read

The Recorder

California Supreme Court Justices Appear Unwilling to Strike Down Proposition 22

The justices suggested the Legislature may still be able to extend workers' compensation coverage to app-based drivers if Prop 22 survives.
4 minute read

New York Law Journal

Employer Regulation of Employee Political Conduct In and Outside of the Office

A discussion of an employer's ability to regulate employee political activity inside and outside of the workplace. "In the current era of heightened political discourse, seamless social media and hybrid work arrangements, employers face difficult questions as to the extent to which they can lawfully limit or prohibit employee political conduct in and outside of the workplace. Just ask Google…"
9 minute read

The Legal Intelligencer

Court Rejects Prophylactic Use of Affirmative Defenses, Sanctions Defendant

The ruling serves as a reminder to legal practitioners that pleadings should not be used as a testing ground for defenses but rather as a platform for assertions grounded in existing evidence and legal principles.
6 minute read

The Legal Intelligencer

Workers' Comp Defense Counsel Should Refrain From Tortious Interference in Contractual Relationship Between Attorneys, Clients

The means used to obstruct the approval of the fee are not only flawed litigation tactics but arguably rise to the level of tortious interference. While some choose to be willfully blind to the plain language of Section 442 of the Pennsylvania Workers' Compensation Act, as well as its clear interpretation in Neves and Williams, we call on the Pennsylvania Workers' Compensation defense bar to abstain from tortious interference with contractual relationship between injured workers and their attorneys under the pretext of a "greater good."
8 minute read

The Legal Intelligencer

FTC Ban on Noncompetes: Antitrust Implications of Agreements

As a growing body of academic literature asserts, noncompetes are restraints against competition, and they are harmful to both employees and the economy. As one of the major levers that the federal government has over the economy, antitrust laws can provide significant deterrence to abuse of noncompetes by employers.
9 minute read

The Recorder

Legislation to Allow Disqualification of Appellate Judges Weakened to 'Study' Bill

State legislators also shelved bills that would have set rules for AI-generated evidence and for when a boss can contact a worker after hours.
3 minute read

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