Earlier this month, the U.S. District Court for the Middle District of Florida issued a preliminary order finding that the Federal Trade Commission’s noncompete ban was unlawful. However, the ruling only applies to the plaintiff who brought the lawsuit. This ...
Read More »State noncompete act precludes forfeiture of severance
A 2018 Massachusetts state statute that prohibits certain noncompete agreements rendered invalid a provision requiring a former employee to forfeit severance payments for violating a non-solicitation clause originally included in an employment contract executed in 2017, a trial court judge ...
Read More »EEOC sues publishing company for disability discrimination
North Carolina-based publishing company Champion Media, LLC allegedly violated federal employment laws when it refused to hire a deaf job applicant because of her disability and refused to provide her with a reasonable accommodation, the U.S. Equal Employment Opportunity Commission ...
Read More »Minority owner of LLC can bring Wage Act claim
A minority shareholder in a limited liability corporation could be considered an employee for purposes of bringing misclassification and Wage Act claims, a Superior Court judge in Massachusetts has ruled. Plaintiff James Raleigh was a member and 10-percent owner of ...
Read More »NLRB issues ‘Fair Choice-Employee Voice’ final rule
The National Labor Relations Board (NLRB) issued its Fair Choice–Employee Voice Final Rule in late July, restoring three policies that the agency says provide workers with a “fair opportunity” to decide whether they want union representation in the workplace and a process ...
Read More »Democrats introduce bill to codify ‘Chevron’ doctrine
In the wake of the U.S. Supreme Court’s June decision overturning the Chevron deference doctrine, senators have introduced a bill that would codify the doctrine, which required federal courts to give deference to agencies’ reasonable interpretation of unclear statutes. The measure, ...
Read More »DOL claims restaurants used workers’ tips to pay expenses
The Department of Labor has filed a lawsuit alleging that Texas-based restaurants used a portion of employees’ tips to pay for business expenses, including condiments and takeout packaging. The suit asks the U.S. District Court for the Southern District of Texas ...
Read More »State reaches historic settlement with Uber and Lyft
Massachusetts has reached a groundbreaking settlement with ride-hailing giants Uber and Lyft. The agreement resolves years of litigation and will provide drivers with a minimum base pay of $32.50 per hour, along with unprecedented benefits and protections, while allowing them ...
Read More »High Court overturns ‘Chevron’ deference: Implications for the workplace
The U.S. Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo overturned the longstanding Chevron doctrine, which has been a cornerstone of administrative law for nearly 40 years. The decision has far-reaching consequences for federal agencies and the regulated community, ...
Read More »U.S. Supreme Court to review test for FLSA exemptions
The U.S. Supreme Court has agreed to hear a case that could significantly impact how employers prove exemptions from overtime pay under the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the Court will decide whether employers ...
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