On July 3, 2024, United States District Judge, Ada Brown, granted a preliminary injunction against the Federal Trade Commission (the “FTC”)’s ban on non-compete agreements in the case of Ryan, LLC v. FTC. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., reviews the Court’s decision and details its potential impact on the trajectory of the FTC’s nationwide ban on non-competes. Readers … [Read more...] about Texas Court Temporarily Strikes Non-Compete Ban for Plaintiff and Intervenors
Employment News
The End of Chevron Deference: What does the Supreme Court’s Decision Mean for Employment Law?
On June 28, 2024, the Supreme Court of the United States (the “Court”) ruled on Loper Bright Enterprises, et al., v. Gina Raimondo, Secretary of Commerce, et al., striking down Chevron Deference and limiting the power of federal agencies. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., reviews the Court’s precedential decision in her latest blog. Case Overview The Court granted … [Read more...] about The End of Chevron Deference: What does the Supreme Court’s Decision Mean for Employment Law?
The 8th Circuit Weighs in on Non-Competes: Upholding a Two-Year Non-Compete Clause
Amidst nationwide anticipation of the Federal Trade Commission’s Ban on Non-Compete Agreements, the United States Court of Appeals for the 8th Circuit upheld a non-compete agreement on June 5, 2024. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., discusses the 8th Circuit’s recent ruling and what it means for non-compete agreements across the nation as the Federal Trade Commission’s ban … [Read more...] about The 8th Circuit Weighs in on Non-Competes: Upholding a Two-Year Non-Compete Clause
Administrative Law Judge Strikes Down Non-Compete Agreement, Finding Against Previous Employer
On June 13, 2024, a National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) ruled that overly broad non-compete and non-solicitation provisions in an employment agreement violated an employee’s labor rights under the National Labor Relations Act (“NLRA”). This decision marks what may be the first NLRB ruling to find such provisions unlawful. KingSpry’s Employment Law Chair, … [Read more...] about Administrative Law Judge Strikes Down Non-Compete Agreement, Finding Against Previous Employer
OSHA Worker Walkaround Inspection Rule Takes Effect
On April 1, 2024, the Occupational Safety and Health Administration (OSHA) published its Final Rule, Worker Walkaround Representative Designation Process, in the Federal Register. The Final Rule takes effect today, May 31, 2024. The Final Rule clarifies the rights of employees to authorize a representative to accompany an OSHA compliance officer during workplace inspections. KingSpry’s … [Read more...] about OSHA Worker Walkaround Inspection Rule Takes Effect
U.S. Supreme Court: Title VII Prohibits Discriminatory Job Transfers That Cause “Some Harm”
On April 17, 2024, the U.S. Supreme Court decided on Muldrow v. City of St. Louis, Missouri, No. 22-193. The Court’s decision clarifies that when an employee challenges a job transfer as discriminatory, they only need to prove that they sustained “some” harm, not “significant” or “serious” harm. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., and Employment Law Attorney, Sarah Modrick. … [Read more...] about U.S. Supreme Court: Title VII Prohibits Discriminatory Job Transfers That Cause “Some Harm”