After issuing a narrow party-specific, preliminary injunction against enforcement of the non-compete rule in July, the same Texas court issued broader, permanent relief in a ruling issued today in Ryan, LLC v. FTC. Specifically, the court ruled (in granting a motion for summary judgment brought by the U.S. Chamber of Commerce and others) that the
Freelance Isn’t Free: What Employers Should Know Before the Act Takes Effect
Passed late last year, the Freelance Isn’t Free Act (the “Act”) is expected to go into effect on August 28, 2024. The Act extends protections for freelance workers across New York State and mirrors protections in New York City’s Freelance Isn’t Free Law.
The Act defines a freelance worker as any person or single-person…
Amendment Offers Relief from Huge Jury Verdicts Under Illinois’ Biometric Privacy Law
Illinois’ Biometric Information Privacy Act (“BIPA”) has produced some of the largest jury verdicts ever seen in employment law. These verdicts, some of which exceed $100 million, result from employers’ use of biometric devices without proper notice to employees. Relief from these crushing verdicts is in sight, though, as a result of a recent amendment…
California Supreme Court: A PAGA Plaintiff Does Not Have a Right to Intervene, in the Interest of the State, in a Separate PAGA Action to Try to Challenge a PAGA Settlement
As many large employers in California have experienced, it is all too common to have separate employees file duplicative PAGA actions in separate courts covering the same alleged claims on behalf of the same group of employees. PAGA, of course, refers to the Private Attorneys General Act—a unique California law that allows an employee to…
The FTC Ban on Non-Compete Agreements Is Still Taking Effect in September for Most Employers
As we previously reported, in April of this year, the Federal Trade Commission (“FTC”) issued a final rule regarding non-compete agreements. The FTC’s rule operates as an almost complete ban on such agreements. Unless enjoined by a court, the rule is scheduled to take effect on September 4, 2024. Since April, several lawsuits have been…
California Healthcare Worker Minimum Wage Hikes Delayed
Last year, California enacted a law (SB 525) raising the minimum wage for many healthcare workers to as much as $25 per hour. The minimum wage hikes were scheduled to take effect June 1, 2024. However, California has a huge budget deficit, which makes compliance with the increased wages a challenge for the state. Because…
California Finally Adopts PAGA Reform Measures
California’s Private Attorneys General Act (“PAGA”) was passed in 2007 and has operated primarily as a means to provide massive revenue to the state and to Plaintiffs’ attorneys. Over the past decade or so, the statute has been the predominant vehicle for shakedown lawsuits against employers. Virtually every year, certain business-minded legislators introduce bills to…
DOL Begins to Address Employers’ Use of AI
In October 2023, President Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and directed federal agencies to issue guidance on the increased use of Artificial Intelligence (“AI”). With regard to the use of AI in the workplace, the Order directed the U.S. Secretary of Labor to…
Federal Salary Threshold to Be Exempt From Overtime Is Increasing
On April 23, 2024, the federal Department of Labor (“DOL”) issued its final rule on the salary threshold for the executive, administrative, and professional exemptions under the Fair Labor Standards Act. The rule provides for increases in minimum salary required for these types of employees to qualify as exempt from overtime pay requirements under federal…
Federal Trade Commission Bans Non-Compete Agreements
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule regarding non-compete agreements. The FTC’s rule operates as an almost complete ban on such agreements. Unless enjoined by a court, the rule will become effective 120 days after its publication in the federal register.
In short, the rule prohibits agreements that directly…