FTC’s non-compete ban blocked by Texas federal judge

By Kelsey Gee & Jennifer Huelskamp on August 22, 2024

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.

Washington, DC, USA- January 12, 2020: The entrance of The Federal Trade Commission (FTC) in Washington DC; FTC is an independent agency of the United States government.

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

By Jennifer Huelskamp & Porter Wright on May 2, 2024

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.

Eleventh Circuit upholds lower court decision holding Florida Individual Freedom Act unconstitutional

By Porter Wright on March 25, 2024

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.”

Texas federal court strikes down NLRB’s joint employer rule

By Rebecca Kopp Levine on March 15, 2024

Last week, the U.S. District Court for the Eastern Division of Texas struck down the National Labor Relations Board’s 2023 rule changing the standard for establishing whether two affiliated entities are joint employers.

NLRB joint employer rule delayed

By Rebecca Kopp Levine on March 7, 2024

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.

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Artificial Intelligence and the workers’ compensation system

By Rebecca Kopp Levine on February 19, 2024

Artificial Intelligence (AI) is impacting many aspects of our lives, and it is no surprise that many businesses are evaluating ways in which AI can streamline processes and reduce expenses. AI has the potential to significantly impact the workers’ compensation industry, including by reducing costs, simplifying processes, and predicting outcomes.

“February madness” in college basketball: NLRB rules players are university employees

By Chris Russell on February 12, 2024

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.

Columbus implements salary history ban

By Sarah Squillante on February 6, 2024

Columbus will soon join Toledo and Cincinnati in the growing number of states and localities implementing laws related to salary history, or so-called wage-gap laws.

H-1B visas for applicants present in the US to be renewed again

By James Jensen on January 2, 2024

On Dec. 21, 2023, the US Department of State (DOS) published a proposed rule, “Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens.” It announced what has been long anticipated: a program to allow certain H-1B visa holders to renew their visas while they reside in the United States.

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

By Kelsey Gee on December 7, 2023

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.