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The United States District Court for the Northern District of Texas issued an order blocking the Federal Trade Commission’s (FTC) non-compete ban from taking effect on Aug. 20, 2024. In Ryan LLC v. Federal Trade Commission, 2:24-cv-986, Plaintiffs successfully argued that the FTC exceeded its statutory authority in propounding a nationwide ban on non-compete agreements. Originally set to take effect on Sept. 4, 2024, the ban—which would have voided millions of employment agreements—has now been paused as a result of the decision.Continue Reading FTC’s non-compete ban blocked by Texas federal judge

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 Mayo. Continue Reading Answers to common questions about the FTC’s non-compete ban: What’s next?

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

As artificial intelligence capabilities continue to increase, employers will contend with many issues surrounding the use of AI in the workplace. To prepare employers to address some of these issues, we have created a series of posts examining employers’ use of AI.

AI is relatively new, but it is certainly here to stay. For employers considering implementing AI processes, there are some general considerations they should keep in mind as they delve into the ever-growing world of AI in the workplace.Continue Reading The impacts of AI in the workplace

Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work remotely and most job applications are submitted online. Yet, employers must grapple with the FMLA’s requirements within the confines of the new, often remote, modern workforce. Continue Reading FMLA and the modern workforce

The term “quiet quitting” has recently been hard to avoid on the internet, in the media and in the workplace. Unlike its name implies, it has nothing to do with the employee actually quitting their job. Rather, it’s when an employee will not give more than the bare minimum and put in any extra effort. Employers can attempt to improve performance by such employees by ensuring they have good managers in place throughout their organizations.
Continue Reading Quiet quitting: Why it matters, and what employers can do to increase employee engagement

Over two years after the COVID-19 pandemic began and many employees switched from coming into a workplace to working at home, Ohio has amended the workers’ compensation laws to reflect the current work environment. Effective Sep. 21, 2022, this new legislation expands the definition of a compensable workplace injury to include some injuries sustained within the employee’s home, if certain criteria are met.
Continue Reading Ohio updates workers’ compensation laws for remote workers