Recently, Justices Thomas and Gorsuch have questioned whether the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) framework remains the appropriate standard in certain employment related cases.
The DOL’s New Guidance on the Interplay of the Federal FMLA and State-Paid Family Medical Leave Programs
The U.S. Department of Labor (DOL) issued Opinion Letter FMLA2025-01-A, clarifying the complex interaction between (1) the federal Family and Medical Leave Act (FMLA), (2) state-paid family and medical leave program (PFML) benefits and (3) employer-provided accrued vacation, paid time off, and/or paid sick time (employer-paid leave).
Continue Reading The DOL’s New Guidance on the Interplay of the Federal FMLA and State-Paid Family Medical Leave Programs
Texas Court Strikes Down DOL Salary Threshold Increase; DOL Appeals
On Nov. 26, 2024, the DOL filed a notice of appeal following the Eastern District Court of Texas’ decision to vacate the department’s final rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (2024 Rule) that had significantly increased minimum salary thresholds for overtime exemptions. The appeal responds to
Texas Federal Court Sets Aside FTC’s Noncompete Ban
On Aug. 20, 2024, the U.S. District Court for the Northern District of Texas set aside the FTC’s noncompete ban in the Ryan matter, and it will not be permitted to be implemented anywhere in the country.
Texas Federal Court Partially Blocks FTC’s Noncompete Ban
On July 3, 2024, the U.S. District Court for the Northern District of Texas granted a preliminary injunction in Ryan LLC v. FTC, temporarily halting the ban for the plaintiffs and certain plaintiff intervenors, but declining to extend the injunction to non-parties.
EEOC Unveils Final Rule Implementing Pregnant Workers Fairness Act
The U.S. Equal Employment Opportunity Commission (EEOC) final rule implementing the Pregnant Workers Fairness Act (PWFA) went into effect June 18, 2024, but not without legal challenge.
The final rule, covered in a previous GT Alert, requires employers to offer reasonable workplace accommodations to workers who are pregnant or have a condition related to
Adam Roseman Quoted in Bloomberg Law About OSHA’s Hazard Communication Standard
Adam Roseman, shareholder in GT’s Occupational Safety and Health Administration (OSHA) Practice, is quoted in Bloomberg Law’s June 12, 2024, article “Chemical Makers, Employers Brace for OSHA ‘HazCom’ Rule Fallout.”
The article discusses OSHA’s final rule updating its Hazard Communication Standard, which goes into effect July 19, 2024. A May 2024 GT Alert
Business as Usual in California? Comparing the FTC’s Noncompete Final Rule to California Law
The Federal Trade Commission (FTC)’s recent final rule that would ban virtually all noncompete agreements in the United States will take effect Sept. 4, 2024, barring delays from pending legal challenges. While the rule has garnered a significant amount of attention, many California businesses are already accustomed to complying with California’s long-standing public policy
Challengers Take on FTC’s Nationwide Ban on Noncompete Agreements
Background on the FTC’s Noncompete Ban
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to ban virtually all noncompete agreements on the basis that such agreements constitute “an unfair method of competition” under the Federal Trade Commission Act (the Act).[1] The ban—which is currently set to take effect Sept. 4, 2024—will
FTC Votes to Ban Noncompete Clauses Nationwide
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 in favor of banning noncompete clauses. The FTC first proposed the Noncompete Clause Rule on Jan. 19, 2023, under sections 5 and 6(g) of the FTC Act. GT previously covered the FTC’s request for comments.