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The FTC on April 23 issued a final rule that will ban non-compete agreements nationwide. [Full text] This will apply to almost all workers, whether classified as an employee, independent contractor, extern, intern, volunteer, apprentice, or a sole proprietor.There will be two main exceptions:– Existing non-competes for senior executives can remain in force,

Tracy White’s $790,000 jury verdict on her hostile-work-environment claim was reversed because evidence of harassment of other employees (#MeToo evidence) cannot be used to prove that her work environment was impermissibly hostile. White v. State of Iowa (Iowa 04/12/2024) [PDF] The opinion in this case describes a long series of unpleasant events that

The Federal Arbitration Act exempts “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce,” so those folks are not required to arbitrate their claims.The latest US Supreme Court case involved two men who owned the rights to distribute baked goods produced and distributed nationwide by

Paul Grossman just sent out his 105 page Employment Discrimination Law Update. If you practice employment law, this is something you must have. It’s thorough, objective, accurate, and easy to read.In an act of great generosity, Paul sends this out periodically during the year to those who ask for it. Simply send your full contact

Florida’s Individual Freedom Act (aka Stop WOKE Act) prohibits employers from holding mandatory employee meetings when those meetings endorse, among other things, diversity, equity, and inclusion. The 11th Circuit has now upheld a temporary injunction against this statute. v. Governor (11th Cir 03/04/2024) [Opinion] This is a 1st amendment free speech case.

On March 8, a federal judge in Texas vacated the NLRB’s final rule on joint employers, which was due to go into effect on March 11. [Decision] The new rule would have made it easier for the NLRB to find that two entities were both employers of the same employees.Apparently the judge thought

It’s unanimous!The US Supreme Court unanimously holds that a Sarbanes-Oxley whistleblower must prove that his protected activity was a contributing factor in the employer’s unfavorable personnel action, but need not prove that his employer acted with “retaliatory intent.” Murray v. USB Securities (US Supreme Court 02/08/2024) [Briefs]UBS terminated Murray shortly after he informed

No Supreme Court session would be complete without a case dealing with arbitration.There’s a 6-4 split among the Circuit Courts on the question of whether Section 3 of the Federal Arbitration Act requires district courts to stay a lawsuit pending arbitration, or whether district courts have discretion to dismiss when all claims are subject to