Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”). In that decision, Judge Brown reasoned—just as she had in her order on the plaintiffs’ motion to stay and enjoin the Rule—that the FTC violated the APA because it “exceeded its … Read the rest
The title of this post is the title of this new paper authored by Laura Rovner now available via SSRN. Here is its abstract:
… Read the restThe harms of solitary confinement have been well-documented for centuries, yet the practice persists. Despite recent efforts to reform the use of solitary confinement in certain states and localities, over 120,000 people are currently confined in solitary conditions in American prisons and jails. In part, America’s addiction to solitary remains incurable because the doctrine governing whether
In 2024, healthcare employers have faced several new challenges and developments regarding traditional labor obligations. Unions are becoming more prominent in healthcare, including by unionizing doctors at unprecedented rates and by becoming more involved in government-funded projects. At the same time, federal agencies are imposing significant new labor obligations on healthcare employers, regardless of whether or not they have unions representing their employees. While the Federal Trade Commission’s non-compete rule has garnered major attention (as we discussed further here and … Read the rest
Before getting started on the blog entry for the week, I did finish Over Ruled. What is clear from reading the book, is that Justice Gorsuch clearly believes that the administrative state had gotten too big and that sufficient guardrails for the administrative state do not exist. Also, from reading that book, it is pretty clear to me that he would think Loper Bright overruled Kisor v. Wilkie. So, administrative regulations he will uphold will have to have a very … Read the rest
Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into law. The bills for his consideration read intersectionality into FEHA protected categories, recast victims’ time off provisions, adjust paid family leave, and impact protections for freelance workers and whistleblowers.
At the conclusion of its August 31, 2024, deadline, the Legislature … Read the rest
In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.”
What stood out was the challenging nature of the role of those in ER.
The role of ER has never been more valuable to Australian employers, whose workplaces have never been more regulated.
Yes, compliance is a must, but so too is meeting business objectives.
ER is at the pointy end of keeping a business out of trouble and getting things done.
The passion … Read the rest
If you own or operate a franchised restaurant, or are a franchisor of franchised restaurants, simply keeping your business operating smoothly is a lot of work. Food ordering, managing schedules and greeting guests, just name a few daily tasks, take time and effort. It’s easy for recordkeeping and tax planning to get placed on the metaphorical back burner.
But if you’re not careful, your restaurant or other cash-intensive franchise business could easily end up on the IRS’s hot seat. They’re … Read the rest
— OPINION —
The years of inspection reports (Here are the Inspection Reports in PDF.) leave little doubt that the Boar’s Head plant’s food safety plan must have been non-existent. It is hard to wrap your head around how food could be produced in these conditions by this company and under the gaze of the USDA’s Food Safety and Inspection Service inspectors.
It is time for the U.S. House of Representatives and U.S. Senate committees use their authority … Read the rest