The dust is still settling after the U.S. Federal Trade Commission (FTC) issued its long anticipated final Rule on Tuesday, April 23 banning most non-compete agreements in the employment context. Although the effectiveness of the Rule is likely to be delayed, potentially for years, by court challenges, employers are understandably jittery about their existing non-compete agreements and other restrictive covenants.  Here with answers to some of the most commonly asked questions are Porter Wright employment attorneys Jennifer Huelskamp and Nicole MayoContinue Reading Answers to common questions about the FTC’s non-compete ban: What’s next?

On Mar. 4, 2024, the United States Court of Appeals for the Eleventh Circuit upheld the lower court’s ruling that parts of Florida’s House Bill 7, dubbed the Individual Freedom Act or the “Stop WOKE Act”, are unconstitutional and infringe on an employer’s free speech rights. Florida Governor Ron DeSantis signed the Individual Freedom Act in 2022 as part of his campaign against what he terms “woke ideology.”Continue Reading Eleventh Circuit upholds lower court decision holding Florida Individual Freedom Act unconstitutional

As we discussed in a recent blog post, last year the National Labor Relations Board (NLRB) issued a rule revising the standard for determining a joint employer. The rule was due to go into effect on Dec. 26, 2023, but was delayed when business groups led by the U.S. Chamber of Commerce brought a lawsuit in Texas against the NLRB alleging the rule exceeds the NLRB’s authority. Recently, a Texas federal judge delayed the rule implementation until Mar. 11, 2024 to give the Court additional time to issue a decision. Continue Reading NLRB joint employer rule delayed

There is no need to wait until March for college basketball to take the spotlight thanks to a recent ruling issued by the National Labor Relations Board (NLRB). On Monday, a regional official ruled that Dartmouth’s men’s basketball players are University employees and ordered an election for them to vote on unionization.Continue Reading “February madness” in college basketball: NLRB rules players are university employees

*Special thanks to Porter Wright summer law clerk, Diego De La Vega, for his assistance with this post.

On June 1, 2023, the Supreme Court of the United States issued a decision some have deemed a blow to the right to strike. An 8-1 decision, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174 crossed ideological lines, as both conservative and liberal members of the Supreme Court either joined the majority opinion or concurred.Continue Reading Shot through the heart: Did SCOTUS give strikes a bad name?

A recent National Labor Relations Board decision is a reminder that consistency is an important factor in determining whether an employer has committed an unfair labor practice. In the case of two Kroger subsidiaries, the NLRB held that the National Labor Relations Act protects an employee’s right to wear buttons and masks in support of Black Lives Matter.Continue Reading Consistency matters: When the employer speaks, the employees may answer