As previously reported, on April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from entering into non-compete agreements with their workers, with few limited exceptions (the “Rule”). The Rule was set to go into effect on September 4
Labor and Employment Law
The FTC Approves Final Rule that Bans Non-compete Agreements
On April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from using non-compete agreements, with a few limited exceptions. The measure reflects an unprecedented effort by the FTC to expand its rule-making authority. The final rule “shall supersede” all…
The Fifth Circuit Reverses 27 Years of Title VII Jurisprudence
On August 18, 2023, in Hamilton v. Dallas County,[1] the United States Fifth Circuit Court of Appeals, sitting en banc, handed down a significant Title VII ruling that has far-reaching implications for future employment discrimination cases in Louisiana, Mississippi, and Texas. Employees seeking to bring a discrimination claim no longer need to…
En Banc Fifth Circuit Rules That Highly Compensated Offshore Day Rate Worker Is Not Overtime Exempt
The federal Fair Labor Standards Act (“FLSA”) provides for the payment of overtime at the rate of one and a half times an employee’s regular rate of pay for each hour worked in excess of 40 during a 7-day workweek. There are a number of exemptions to the FLSA’s overtime pay requirements, the details of…
Can You Ask Job Applicants if They Are Vaccinated?
On August 23, 2021, the FDA announced the Pfizer COVID-19 vaccine is now fully approved. With this news, more and more employers are adopting, or considering whether to adopt, vaccine mandates for their workforces. One issue that a vaccine mandate raises is whether employers can lawfully ask job applicants about their COVID-19 vaccination status after…
OSHA Updates Employer COVID-19 Guidance
On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers. The updates to OSHA’s “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” publication follow the CDC’s July 27, 2021 updated mask and testing recommendations for fully vaccinated people.
Some…
“Long COVID” as a Disability under the Americans with Disabilities Act?
“Long COVID” or “long-haul COVID” are terms coined to describe a range of new or ongoing systems that can last weeks or months after first being infected with the COVID-19 virus. The CDC’s website lists many commonly reported symptoms among “long haulers,” which list includes:
- Difficulty breathing or shortness of breath
- Tiredness or fatigue
- Symptoms
…
Employer “Poster” Compliance for Remote Workers
With many employees shifting to work remotely long-term in the wake of the COVID-19 pandemic, employers must be mindful of how to comply with their employment-law posting requirements vis-à-vis their remote workers. The commonly used laminated collage of posters hanging on an employee bulletin board back at the office will not suffice for these workers. …
Texas Expands Sexual Harassment Laws Effective September 1, 2021
Several significant expansions of Texas sexual harassment law will take effect on September 1, 2021 (see Senate Bill 45 – TX SB45 | 2021-2022 | 87th Legislature | LegiScan). These expansions make it critical for virtually all Texas businesses to adopt formal written policies and train workers on the prohibitions against sexual harassment.
First,…
Did President Biden Just Outlaw Employee Noncompete Agreements?
On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy While the Order is aspirational and a policy road map, it does not operate to ban, or otherwise restrict in any way, the enforcement of employee noncompete agreements.
In the week that followed, many news outlets published articles…