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Big moves from the Federal Trade Commission this month. On October 18, the FTC appealed the decision of a federal district court striking down the ban on employers' use of most non-compete restrictions. The appeal will be heard by the U.S. Court of Appeals for the 5th Circuit, which is based in New Orleans, Louisiana, and decides appeals from the federal courts in Texas, Louisiana, and Mississippi. #FTC #FederalTradeCommission #LegalNews #WorkplaceRights #EmpLaw #EmploymentLaw

The NLRB General Counsel recently issued a memo shaking up employer-employee agreements, focusing on stay-or-pay provisions. These clauses, which require employees to stay with a company for a set period or repay benefits (like sign-on bonuses) are now being scrutinized for potentially violating workers' rights under Section 8(a)(1) of the National Labor Relations Act. Swipe to learn more about the memo. #EmploymentLaw #EmpLaw #NLRA #NLRB #EmployeeRights #StayOrPay

Join us in welcoming our new law clerk, Steven Dabney. Steven is in his second year of law school at the University of Kentucky J. David Rosenberg College of Law. Steven is originally from Oldham County, Kentucky, and he completed his undergraduate degree, summa cum laude, at Transylvania University. At the University of Kentucky, Steven is a member of the Kentucky Law Journal. We are thrilled to have Steven join our team this fall!

As healthcare costs continue to rise, it’s crucial for employers to implement strategies that manage expenses while maintaining quality benefits. From evaluating prescription coverage to adopting value-based care and telehealth solutions, there are effective ways to ensure compliance and support employee well-being. Navigating the challenges and developing sustainable health benefit strategies that protect both your organization and your employees is critical to supporting employee well-being. #EmploymentLaw #EmpLaw #EmployeeBenefits #HealthcareCompliance 

The U.S. Department of Health and Human Services, Department of Labor, and Department of the Treasury have released final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, which is set to take effect on January 1, 2025. These regulations emphasize the need for mental health and substance use disorder (MH/SUD) benefits to match the robustness of medical and surgical benefits, mandating coverage for core treatments, enhancing scrutiny on nonquantitative treatment limitations (NQTLs), and prohibiting discriminatory practices. These changes aim to improve access to mental health care. While they pose challenges, they also allow employers to foster a more supportive workplace. #MentalHealthParity #EmploymentLaw #WorkplaceWellness #HealthBenefits #LegalGuidance #EmployeeRights #HRCompliance #MentalHealthawareness #EmployeeBEnefits

The Fifth U.S. Circuit Court of Appeals reaffirmed the U.S. Department of Labor's authority to set salary thresholds for overtime exemptions under the Fair Labor Standards Act (FLSA). This ruling solidifies long-standing guidelines for determining which white-collar workers are exempt from overtime pay. However, with upcoming increases in salary thresholds in 2024 and 2025, employers must prepare by auditing salaries, reviewing job classifications, and planning for potential legal challenges. Proactive planning and compliance will be key for businesses navigating these changes. #Employers #Employees #Overtime #WorkplaceNews #FLSA #DOL #SalaryThreshold

The EEOC is suing Dallas Barber and Stylist College for pregnancy discrimination after allegedly refusing to hire a qualified hair braider because she was pregnant. The lawsuit alleges the company already had a pregnant employee and didn't want another, which, if true, would violate Title VII of the Civil Rights Act, which protects against sex discrimination, including pregnancy. #PregnancyDiscrimination #EEOC #WorkplaceNews #Employer #EmpLaw

The U.S. Equal Employment Opportunity Commission has recently filed three lawsuits against employers across industries for alleged violations of the Americans with Disabilities Act. The EEOC sued TNNY Hotel, LLC, for allegedly refusing to accommodate an employee with a knee condition that limited her ability to walk and stand for extended periods. The employee requested to use a stool while performing certain duties at the host stand, but the employer denied the request and terminated her employment. The EEOC sued Smith's Detection Inc. for allegedly demoting an employee with hearing loss instead of providing PPE to protect any remaining hearing. The demotion included reduced pay and reassignment to a quieter area. Finally, the EEOC sued Holsum of Fort Wayne, Inc., because it allegedly did not allow an employee to use a walker to move more than 100 feet within the facility. The employee was unable to access areas such as her workstation, restroom, and break room, which led to her termination. Employers with 15 or more employees are subject to the ADA, and required to provide reasonable accommodations to employees with disabilities that would allow them to perform, the essential functions of their jobs. While there are limits to the accommodations, such as those that pose "undue hardship", on the employer, all employers must engage in an "interactive process" to determine what, if any, accommodations are available. #EEOC #WorkplaceNews #ADA #Accommodations #Workplace #Employers #EmploymentLaw #EmpLaw

The U.S. District Court for the Northern District of Texas struck down the Federal Trade Commission's Final Rule banning most non-compete restrictions. This decision will prevent the Final Rule from taking effect on September 4. The FTC will most likely appeal the Court's decision. The Court ruled that the FTC had no authority to promulgate the Final Rule and regardless, that the ban was overbroad. As before, non-compete restrictions continue to be addressed on a state-by-state basis. Litigation is still pending across the country — in Pennsylvania, a federal court ruled in favor of the FTC; in Florida, a federal court ruled in favor of the challengers, partially staying implementation of the Final Rule — and further appeals are also expected. #EmpLaw #EmploymentLaw #NoncompeteAgreement #NonCompeteRestrictions #FTC #FederalTradeCommission

Mergers and acquisitions allow an organization to expand its market reach, acquire new technologies, achieve economies of scale, or enter new industries, effectively accelerating growth and creating new opportunities for innovation and efficiency. Each stage of the M&A lifecycle — from deal sourcing to post-merger integration — plays a vital role in the success of a transaction. A clear understanding of this process will help maximize value and minimize risk. #MandA #Mergers #Acquisitions #Growth #MergersAndAcquisitions #CorporateLaw