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On July 3, 2024, the U.S. District Court for the Northern District of Texas issued a preliminary injunction against the Federal Trade Commission’s (“FTC”) “Non-Compete Rule.” As we discussed in our April 24, 2024 E-Lert, on April 23, 2024, the FTC issued the Non-Compete Rule, banning nearly all non-compete provisions […]

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a Final Rule banning nearly all non-compete clauses in employment agreements nationwide. As set forth in the FTC’s fact sheet, non-compete provisions are “an unfair method of competition” and therefore violate the Federal Trade Commission Act. The […]

The Maryland General Assembly’s 2024 session ended at midnight on Monday, April 8. A number of employment bills that were passed will have a significant impact on employers, including another delay to the new paid family and medical leave insurance (FAMLI) program, a new salary posting requirement, and new discrimination […]

On January 5, 2022, the Federal Trade Commission issued a proposed rule that would ban nearly all non-compete clauses in employment agreements – both existing and future. As set forth in the FTC’s accompanying Fact Sheet, non-compete provisions violate the Federal Trade Commission Act, which prohibits “unfair methods of competition […]

The U.S. Court of Appeals for the Fourth Circuit has ruled that gender dysphoria, a medical condition defined in the DSM-5 as “clinically significant distress or impairment related to gender incongruence, which may include desire to change primary and/or secondary sex characteristics[,]” can constitute a disability under the Americans with […]

This month, the D.C. Council passed the Non-Compete Conflict of Interest Clarification Amendment Act of 2021, which narrowed the scope of the very broad ban on non-competition agreements pursuant to the Ban on Non-Compete Agreements Amendment Act of 2020 (which we previously discussed here and here).  In an apparent recognition […]

Many employers require certain of their employees to execute non-competition agreements as a condition of employment at the time of hire.  Similarly, in many business acquisitions, there is an agreement by the seller of a company not to compete with the purchasing business for a period of time.  While courts […]

The Biden Administration has issued a number of COVID-related mandates applicable to employers, including: (1) OSHA’s vax-or-test Emergency Temporary Standard (ETS) for larger employers; (2) OSHA’s ETS for healthcare employers; (3) Executive Order 14042 requiring vaccination of federal contractor employees; and (4) the CMS vaccination mandate for employees of Medicare- […]

OSHA Withdraws the Healthcare ETS. The Healthcare ETS, which was promulgated by the Occupational Safety and Health Administration (“OSHA”) on June 21, 2021, has been largely withdrawn by OSHA.

On November 5, 2021, on the same day that the Occupational Health and Safety Administration issued its COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”), the Centers for Medicare and Medicaid Services (“CMS”) released its Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “CMS Vaccination Rule” or […]