Texas Federal Court Strikes Down FTC Rule Banning Most Non-Compete Clauses
As discussed more fully in our prior post, the Federal Trade Commission (“FTC”) issued a final rule prohibiting the use of almost all non-compete clauses (“Rule”). The Rule was intended to take effect on September 4, 2024. In the weeks prior, however, the United States District Court for the Northern District of Texas prevented …
Employee or Independent Contractor: How to Classify a Worker?
Is your worker an employee or an independent contractor? This question has tormented employers over the years due to blurred lines on how to classify workers. The correct classification is integral for determining the manner of compensation and protections granted to each. What remains certain is that the misclassification of a worker will have …
Federal Trade Commission Issues Final Rule Banning Most Non-Compete Clauses
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule1 banning most non-compete covenants contained in employment agreements. By issuing this rule, the FTC concluded that post-employment restrictions precluding competition violate the Federal Trade Commission Act, the statutory framework under which the FTC exercises its authority. Notably, the rule does …
Update on Proposed FTC Rule Banning Non-Competes
On Jan. 5, 2023, the Federal Trade Commission (FTC) proposed a rule banning non-competition covenants between employers and employees. Non-compete covenants are often incorporated into employment agreements and dictate that employees cannot work for a competing employer or launch a business in competition with their prior employer. In addition to other requirements, for a …
The Use of Social Media by Employees
By: Brian D. Boreman Social media is an extremely popular means of communicating that is used by employees both inside and outside the workplace. The term “social media” can include: blogs, which is the this message is being communicated to you; networking sites such as Facebook and MySpace; microblogs such as Twitter; and video …
Employee Privacy on the Workplace Computer
Employers that wish to review the computer activities of their employees should promulgate effective computer monitoring policies to limit an employee's expectation of privacy when using his or her workplace computer. The absence of such a policy ...
Is Your Company Properly Paying Overtime to Its Employees?
The Fair Labor Standards Act (“FLSA”) was enacted by Congress in 1938 to ensure that, among other things, certain employees receive overtime compensation for all hours worked in excess of 40 hours in a workweek. These employees are considered “non-exempt”
Protecting a Company’s Confidential and Proprietary Information
By: Brian D. Boreman Information such as customer lists, pricing formulas, product development, and business plans are often the most valuable assets of a company. The unwanted dissemination of any such information by a prior employee could devastate a company’s ability to compete in the marketplace. Although Pennsylvania laws, such as the Uniform Trade …
Does Your Company Have More Than 50 Employees?
By: Brian D. Boreman If so, you likely are already aware of the Family Medical Leave Act and the fact that eligible employees are permitted to take leave in certain instances, such as to care for a newborn child or to care for a family member with a serious health condition. Recent revisions to …
Do you have a drug free workplace?
Every employer would like to ensure that its employees arrive for work in a mental and physical condition that allows them to perform their jobs in a safe and productive manner.