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As chair of the firm’s Labor & Employment Practice Group, Bob Horton represents management in all areas of labor and employment law. Bob’s practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S.

The vast body of restrictive covenant law continues to develop across the country as states navigate refining their approach to non-compete and non-solicitation agreements with some expansions along with the general trend of more restrictions.

Below we outline recent developments regarding state non-compete and non-solicitation laws in Kansas, Virginia, Florida, New Jersey and Colorado.Continue Reading States Continue to Refine Their Treatment of Non-Competition Agreements

A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit against BlueCross BlueShield (BlueCross) after BlueCross terminated her at-will employment.Continue Reading Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer

As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.

From dramatic shake-ups in the EEOC and NLRB to increased scrutiny of DEI practices, employers are facing yet another season of uncertainty.

Continue Reading Register Now | Responding to Policy Shifts Under the Trump Administration

Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring practices. Below, we outline the key aspects of Tennessee background check laws and employer obligations.Continue Reading Navigating Tennessee Background Check Laws: A Guide for Employers

“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246 (EO11246), along with several other previously enacted executive orders aimed at promoting diversity, equity and inclusion (DEI) in the workplace. EO11246 has been in effect since 1965. The White House stated in a fact sheet that the Order will streamline the federal contracting process to “enhance speed and efficiency, reduce costs, and require Federal contractors and subcontractors to comply with [] civil rights laws.”Continue Reading President Trump Revokes Executive Order 11246

Massachusetts, Minnesota, New Jersey and Vermont have each enacted pay transparency laws which are effective in 2025 and Illinois amended its Equal Pay Act to include pay transparency requirements effective as of January 1, 2025. Enactment of pay transparency laws and equal pay laws is trending across the nation, as a means for states to address the ongoing concern of gender and minority-based pay disparities.Continue Reading Navigating 2025 Pay Transparency Laws: What Employers Need to Know Across States

Join us for a webinar where we will address important employment law developments, discuss current challenges for employers, and provide insight into potential changes impacting employers following the upcoming election.Continue Reading Webinar | Recent Legal Developments and Post-Election Insights for Employers

Today, the federal district court for the Northern District of Texas, in Ryan LLC v. Federal Trade Commission [FTC] (opinion found here), “set aside” with nationwide effect, the FTC “Non-Compete Rule.” The federal district court held that the FTC exceeded its statutory authority in promulgating the Non-Compete Rule, concluding “the text and the structure of the FTC Act reveal the FTC lacks substantive rulemaking authority with respect to unfair methods of compensation….”Continue Reading Federal Court Blocks FTC Non-Compete Rule Nationwide

As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all non-competes arising out of employment relationships – with the exception of existing agreements with “senior executives,” as defined by the Rule. Although many legal experts have hypothesized that the federal courts would enjoin the Rule, the future of the FTC Rule remains uncertain. Accordingly, employers must remain informed on the most recent court rulings involving the FTC Rule and prepare as though it will take effect on September 4.Continue Reading Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?

The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule.  As readers may recall, late last year the NLRB issued a rule broadening the definition of joint employer, which would have significantly increased the number of entities that may be deemed joint employers and thus share responsibility for complying with the National Labor Relations Act. Continue Reading NLRB Withdraws Appeal of Joint Employer Rule