In April 2024, we wrote about the Federal Trade Commission’s (FTC) issuance of a “Final Rule” banning employee non-compete clauses, scheduled to take effect on September 4, 2024. Over the last few months, three federal courts have addressed whether a preliminary injunction should stay the rule’s effective date pending the conclusion of lawsuits
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Connecticut Supreme Court Adopts Narrow Definition of “Supervisor” for Employer Liability in Hostile Work Environment Claims
In a 4-3 decision, the Connecticut Supreme Court adopted the federal Title VII standard for determining who is a “supervisor” under the Connecticut Fair Employment Practice Act (CFEPA). The determination of “supervisor” status is critical under Title VII and the Connecticut Fair Employment Practices Act because an employer is presumptively automatically liable for a hostile…
Pennsylvania Federal Court Refuses to Prevent FTC Non-Compete Ban from Taking Effect
Earlier this month, we wrote about a Texas federal court’s issuance of a limited preliminary injunction staying the Federal Trade Commission’s (FTC) rule banning non-compete clauses for the plaintiffs in that case. Despite not issuing a preliminary nationwide ban, the Texas federal court stated it would render a final decision on August 30, 2024, before…
Texas Federal Court Issues Preliminary Injunction against FTC Non-Compete Ban Rule
We previously wrote about the Federal Trade Commission’s (FTC) issuance of a rule banning non-compete clauses in employment. The FTC’s issuance of its final rule banning non-compete clauses constituted an unprecedented intrusion into matters of state law, which governed non-compete clauses. Nevertheless, it appears now that the FTC’s non-compete ban is beginning to unravel.
Last…
Connecticut Significantly Expands Paid Sick Leave Law
On May 21, 2024, Governor Ned Lamont signed into law new legislation that significantly expands Connecticut’s paid sick leave law to apply to nearly all private employers in the state over the next three years. The law provides for eligible employees to accrue paid sick time beginning upon hire at a rate of one hour…
New York Enacts Paid Prenatal Personal Leave Law
New York has amended its sick leave law (Labor Law § 196-b) to provide paid prenatal personal leave to all employees. Effective January 1, 2025, all employers shall be required to provide their employees with 20 hours of paid prenatal personal leave per 52-week period. Prenatal personal leave is leave taken by an employee “during…
U.S. Department of Labor Releases Final Rule Significantly Increasing Salary Thresholds for Overtime Eligibility
On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule substantially raising the salary thresholds for certain employees to qualify for overtime exemptions under the federal Fair Labor Standards Act (FLSA).
The FLSA generally requires covered employers to pay employees a minimum wage and, for employees who work more than 40…
EEOC Issues Final Regulations for Pregnant Workers Fairness Act
On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA). The federal law, which went into effect June 27, 2023, and applies to employers with 15 or more employees, expands protections for qualified employees and applicants with regard to reasonable…
FTC Issues Final Rule Banning Non-Compete Clauses
Two days ago, the Federal Trade Commission (FTC) issued its “Final Rule” banning non-compete clauses in employment. Until now, the FTC never officially declared that such clauses constituted an “unfair method of competition.” The Final Rule seeks to upend centuries of state law governing the use of non-compete clauses in employment, including state laws that…
U.S. Supreme Court Adopts New Standard for Discriminatory Job Transfer Claims Under Title VII
On April 17, 2024, the U.S. Supreme Court resolved a circuit split by holding that while an employee challenging an allegedly discriminatory job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer caused some identifiable disadvantage, the disadvantage need not be significant.
The allegations underlying the Muldrow v.…