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Kelsey is an associate in the firm’s Labor & Employment Department.

Employers hoping the new administration would scale back scrutiny of employee non-compete agreements may need to reconsider. The Federal Trade Commission (FTC) continues to aggressively challenge non-compete agreements under Section 5 of the FTC Act, as shown by its recent consent order with Rollins, Inc., the parent company of Orkin, HomeTeam and Critter Control. The FTC alleges that broad non-compete agreements restrict employee mobility and suppress competition, particularly for non-executive workers. The Rollins case provides an important warning for employers that use non-compete agreements, restrictive covenants or post-employment restrictions and offers insight into how the FTC may continue enforcing federal non-compete rules despite ongoing legal challenges to a nationwide non-compete ban.

Continue Reading FTC cracks down on employee non-compete agreements: What employers need to know

After President Trump’s DEI-related Executive Orders and Presidential Acts, employers have grappled with their DEI policies. Employers now have some agency guidance on what the Trump Administration considers illegal DEI practices and potential implications. The documents linked below focus on “educating the public about unlawful discrimination related to ‘diversity, equity and inclusion’ in the workplace.”

Continue Reading What employers need to know about the EEOC’s guidance regarding discrimination related to DEI and Title VII

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

Ohio employers’ defenses to temporary total disability compensation continue to shrink. First, the legislature eliminated the doctrine of voluntary abandonment. Then, the Tenth District held that terminated employees may be eligible for temporary total disability compensation. Now, employees who voluntarily resign their employment may be entitled to compensation as well.

Continue Reading Another setback for Ohio employers’ defense to temporary total disability compensation