Dear Clients and Friends: On Tuesday, August 20, 2024, Judge Ada E. Brown, of the U.S. District Court for the Northern District of Texas, ruled that: “the FTC lacks statutory authority to promulgate the Non-Compete Rule, and that the Rule is arbitrary and capricious.”1 Judge Brown then declared that: “the Rule […]
By: Mitchell C. Shelowitz and Sean Scheinfeld As of September 4, 2024 (the “Effective Date”), virtually all post-termination non-compete restrictions will become illegal in the United States as an unfair method of competition. As such, U.S. businesses that include post-termination non-compete covenants in their contracts must take immediate action in […]
By: Danielle Manahan A common practice when looking at and interviewing prospective employees is to ask for information on their salary history. This information is surely useful in determining the applicant’s level of experience or calculating the salary offer you present to a successful candidate. However, under a recent law […]
By: Nikki R. Breeland Many businesses – both startups and mature companies — may be surprised to find that workers they have classified as “independent contractors” or “1099’s” may in fact be defined as employees by courts, tribunals, and government agencies – resulting in significant fines and penalties. Often, employers […]
By: Nikki R. Breeland If you plan to hire new employees, and are accustomed to handing your candidates a form asking about their criminal history, then listen up. New laws, referred to as “Fair Chance” laws, subject employers engaging in such traditional job inquiries to fines and damages. In fact, […]