Just a brief post to note that, as I predicted, a red state judge, at the urging of Republicans, has blocked the FTC from implementing its ban on noncompete agreements. Here is the ruling.The Supreme Court, as currently constituted, will almost certainly uphold this ruling. So I would urge you, if you think noncompetes
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Supreme Guts Agencies Like OSHA, DOL, FTC, EEOC, and NLRB
By Unknown
You may not have been paying attention to the Supreme Court’s recent decision about fishing, but it’s yuuuge. They overturned a ruling from 1984 saying that courts must defer to federal agencies’ reasonable interpretations of federal statutes. This is commonly referred to as “Chevron deference” or the “Chevron defense,” in case you hear those…
NLRB Says Noncompete and Nonsolicitation Agreements May Violate National Labor Relations Act
By Unknown
President Biden issued an executive order that all federal agencies look into noncompete agreements, and they have been doing so. The FTC recently banned most of them (don’t get too excited though as Republicans challenge this), and now NLRB is stepping in.In a recent decision, the NLRB determined that an employer’s 12 month noncompete…
Supreme Court Says Discriminatory Transfers Are Illegal Even Without Significant Harm
By Unknown
Up until recently, if your employer transferred you due to race, age, sex, national origin, religion, sexual orientation, disability, or other legally protected status, but you kept the same pay and job title, you might have been out of luck bringing legal claims against them. Most courts, including here in Florida, were saying you had…
EEOC Posts Guidelines On Harassment
By Unknown
I can’t tell you how many times per week I have to tell people that harassment is not generally illegal. Bullying, general harassment because you’re you, just being mean, are not illegal. If they were, I’d be a billionaire.But some kinds of harassment are illegal. EEOC has posted guidelinesposted guidelines on what kinds of…
FTC Bans Most Noncompetes – But Don’t Get Too Excited
By Unknown
The long-awaited rule from the Federal Trade Commission regarding noncompetes was released yesterday, and it’s a doozy. The FTC “has determined that it is an unfair method of competition, and therefore a violation of Section 5 of the FTC Act, for employers to enter into noncompetes with workers and to enforce certain noncompetes.”You can safely…
11th Circuit Stops Florida’s "Stop Woke" Law Based on 1st Amendment
By Unknown
I know. I know. I keep saying there’s no such thing as free speech at work. But while you workers don’t have First Amendment protection in private workplaces, private employers do. Because corporations are “people” too. The distinction: the First Amendment prohibits restrictions on speech by government, not by individuals or corporations.Confused yet? Well, I’m…
Beware Billionaires Who Want To Gut NLRB
By Unknown
Amazon has now joined SpaceX and Trader Joe’s in asking that the National Labor Relations Board be deemed unconstitutional. With the Supreme Court in its current configuration, there’s a real possibility that they could decide NLRB should no longer exist or be substantially gutted. That would be a terrible thing for employees, and for Americans in…
Florida Legislator Wants To Make It Illegal To Say Gay (Or Your Pronouns) At Work
By Unknown
Florida seems to be in a race with Texas and some other red states to see which can be the worst state for employees in the nation. Now a legislator has proposed a law (which will likely pass, because GOP be cray cray) that would be similar to the now-infamous Don’t Say Gay bill but…
Have A Visual Disability: EEOC Issues Guidance On Your Workplace Rights
By Unknown
EEOC has issued a guidance to assist workers with visual disabilities regarding their workplace rights. This guidance discusses:
- when an employer may ask an applicant or employee questions about a vision impairment and how an employer should treat voluntary disclosures;
- what types of reasonable accommodations applicants or employees with visual disabilities may need;
- how an
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