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
You are invited to attend the webinar, “Navigating the Noncompete Clause Ban: Planning for Potential Implementation of the FTC Final Rule,” hosted by Greenberg Traurig’s Labor & Employment group. Join us as we delve into the recently announced Final Rule by the Federal Trade Commission to ban noncompete clauses and its implications for employers. During this engaging session, we will cover a range of essential topics, including:
- The pending litigation regarding the FTC rule and the import of the interim
As we previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future.
Since then, the Final Rule has been subject to legal challenges nationwide. Shortly before Independence Day, a Texas federal judge preliminarily enjoined the Final Rule on a limited basis, concluding that the plaintiffs in the case … Read the rest
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The Biden administration on Monday asked the Supreme Court to temporarily put on hold a portion of two orders issued by federal trial courts in Louisiana and Kentucky that prohibit the Department of Education from enforcing any part of an April 2024 rule implementing Title IX of the Education Amendments of 1972, which bars sex discrimination in education programs that receive federal funding.
The two challenges—originally filed in Louisiana by four states (Louisiana, Mississippi, Montana, and Idaho, along with … Read the rest
For healthcare providers and practitioners, the rules surrounding non-competition agreements have evolved rapidly over the last two years, and that evolution accelerated even more this month. Over the past 18 months, states and the federal government enacted several new laws that substantially limit when healthcare entities can enforce non-competes. Then, on April 24, the Federal Trade Commission issued a rule that will bar most non-competes in the U.S. if it survives legal challenges (albeit no sooner than late August 2024). … Read the rest
On December 12, 2023, the Department of Justice (“DOJ”) issued guidance related to the process by which companies may request the United States Attorney General authorize delays of cyber incident disclosures, pursuant to a new Securities and Exchange Commission (“SEC”) rule. As a reminder, the SEC rule (which went into effect on Dec. 18, 2023) requires companies to disclose material cyber incidents via Form 8-K within four days of making a materiality determination. Our colleagues previously discussed the SEC rule … Read the rest
Since 2020, most retirement funds have been faced with a situation where participating employers have failed to comply with section 13A of the Pension Funds Act, 1956 (PFA), by either underpaying employer or member contributions or not paying at all. The non-payment of contributions attracts late payment interest in terms of section 13(7) of the PFA.
It is against this background that the Financial Sector Conduct Authority (FSCA) repealed Regulation 33, which governed payment of pension fund contributions and … Read the rest
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In 2016, a Minnesota county sold 94-year-old Geraldine Tyler’s condo at auction after she failed to pay her property taxes for several years. The sale yielded $ 40,000; Hennepin County kept not only the $ 15,000 in taxes, penalties, and costs that Tyler owed it, but also the $ 25,000 that was left over. The Supreme Court on Thursday ruled that the county’s actions violated the Fifth Amendment’s takings clause, which bars the government from taking private property for … Read the rest