Category: Employer Handbook

A second bite at the apple? Plaintiffs ask to reconsider a nationwide injunction on the FTC noncompete rule

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I’m a geek—I admit it. I get docket alerts whenever something happens in the FTC noncompete lawsuit pending in Texas, like last week when the judge blocked the Federal Trade Commission’s comprehensive ban on noncompetes—but only for the plaintiffs in the lawsuit. For now, your business must comply with the […]

Here are a few pages to add to your ADA accommodation playbook from a recent federal appellate court decision

the employer handbook

The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science. Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. The case involves an […]

Heads up, employers. It’s a lot easier for employees to claim discrimination — even without getting fired.

the employer handbook

Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin. Last week, a federal […]

A good-faith belief that an employee violated work rules may not be enough to defeat a discrimination claim

the employer handbook

Earlier this month, a federal appellate court poked holes in what many considered an infallible employer defense to employee discrimination claims known as the “good-faith belief” doctrine. Generally, when an employer believes that an employee engaged in behavior that warrants termination of employment, an employee who claims discrimination will lose […]

Yesterday, a court did block the FTC’s noncompete rule. But, here’s the thing…

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Since my homeowner’s insurance may not cover multitasking blog-related accidents around a lit Fourth-of-July grill, I’m not taking any chances. So, let’s address yesterday’s decision by a Texas federal judge to block the Federal Trade Commission‘s blunderbuss Noncompete Rule, which imposes a comprehensive ban on new noncompetes with all workers, […]

A Texas federal judge should decide the fate of the FTC noncompete rule today. So, let’s make this interesting….

the employer handbook

Let’s play a game of “closest to the pin.” But first, here is a quick recap before I explain the rules of the game. In January 2023, the Federal Trade Commission (FTC) proposed a rule generally prohibiting employers from imposing noncompetes on their workers. In the following year and change, the federal agency […]

“Chevron” for non-lawyers

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On Friday, the U.S. Supreme Court overruled its 40-year-old decision in Chevron v. Natural Resources Defense Council, which had lawyers buzzing and many others wondering what the big deal with Chevron is anyway. I’ll explain. What is Chevron? In Chevron, the Supreme Court had to decide whether the Clean Air Act […]

Employers: It’s time again to have an employment lawyer review your severance agreements.

the employer handbook

On Wednesday, an administrative law judge issued a cease and desist order forcing an employer to rescind overly broad nondisparagement and confidentiality language from its severance agreement and notify all former employees who signed them. This could have been avoided. In this case, the nondisparagement provision stated that it was […]

The difference between what an employees feels is a hostile work environment and a genuinely unlawful one.

the employer handbook

An employee in his early sixties worked under several managers, one of whom referred to the employee as “my b***h,” “motherf****r,” “old fart,” and “old motherf****r.” Upon seeking a raise, another manager told him that he was making too much money already and that “knowledge [did] not matter.” The employee […]

Here’s what not to do when an employee discloses her disability on her first day of work.

the employer handbook

The U.S. Equal Employment Opportunity Commission recently sued an employer who told an employee to leave on her first day of work shortly after she requested reasonable accommodations for her visual impairments and later fired her the same day after the employee’s advocate offered to pay for accommodations. Here’s more […]

Your non-competes and non-solicits may violate ANOTHER federal law: the National Labor Relations Act

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The Federal Trade Commission isn’t the only government agency gunning for your company’s noncompetes. Earlier this month, a National Labor Relations Board Administrative Law Judge ruled that a non-union employer violated the National Labor Relations Act by utilizing unlawful noncompete and nonsolicitation provisions in employment agreements. During their employment and […]

Poor Yelp reviews — and not retaliation — are why this rude restaurant hostess got fired

the employer handbook

The hostess at an Asian-American restaurant in Chicago, Illinois, was employed in that role for about two years. Two years the restaurant probably wishes it could have back. The Seventh Circuit Court of Appeals noted that the owners and general manager observed that the hostess was impatient with guests, gave […]

The Supreme Court will review how employers can establish overtime exemptions

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On Monday, the Supreme Court agreed to review and establish the burden of proof that employers must satisfy to demonstrate the applicability of an overtime exemption under the Fair Labor Standards Act. Both the petitioning employer and the United States agree that employers must demonstrate that an FLSA exemption applies […]

Meanwhile, another court has blocked “elective abortion” accommodations under the PWFA regulations

the employer handbook

On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission’s final rule to implement the Pregnant Workers Fairness Act (PWFA)  — specifically the part that deals with “elective abortions.” Yesterday, another federal judge in Louisiana enjoined the EEOC from requiring employers in Louisiana […]