Although the Federal Trade Commission (FTC) announced on September 5 that it was ending its appeals of decisions in the Fifth and Eleventh Circuits which set aside the FTC nationwide non-compete ban thereby ending its defense of the Biden administration’s 2024 rule, the FTC has simultaneously communicated that it intends to pursue enforcement action alleging anticompetitive conduct with respect to restrictive covenants that it views as being overly broad or unnecessary, and that it is particularly focused on the healthcare industry.
Continue Reading FTC Issues Letters to Healthcare Employers Regarding Non-Compete AgreementsFifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional
In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and other employers.
Continue Reading Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely UnconstitutionalICE Workplace Raids: Best Practices and Preparation for Employers Webinar | REGISTER NOW
Join me and my fellow Bass, Berry & Sims attorneys for an encore broadcast on Tuesday, September 9 at 12:00 p.m. Central as we provide guidance and best practices for effectively responding to an ICE raid.
Continue Reading ICE Workplace Raids: Best Practices and Preparation for Employers Webinar | REGISTER NOWReminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is Approaching
The annual filing (and fee payment) for applicable self-insured health plans and specified health insurance policies used to fund the Patient-Centered Outcomes Research Institute (PCORI fee) is due by Thursday, July 31, 2025. Internal Revenue Service (IRS) Form 720, Quarterly Federal Excise Tax Return, is used to report and pay (in Part II, IRS No. 133, on page 2) the annual PCORI fee.
Continue Reading Reminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is ApproachingStates Continue to Refine Their Treatment of Non-Competition Agreements
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 AgreementsTexas Caps Physician Non-Compete Buyouts and Adds New Limits Under SB 1318
On June 20, Texas Governor Greg Abbott signed Senate Bill 1318 (Amendment) into law, amending Texas Business & Commerce Code Section 15.50(b), which is commonly thought of as the “Texas physician non-compete buyout statute.” Specifically, the statute previously required that any non-compete restricting a physician’s right to practice medicine must include a buyout right, permitting the physician to pay a certain buyout amount to avoid the non-compete restriction.
Continue Reading Texas Caps Physician Non-Compete Buyouts and Adds New Limits Under SB 1318Supreme Court – Same Burden of Proof Applies to All Plaintiffs in Title VII Discrimination Claims, Removing Greater Burden for “Reverse Discrimination” Claims
On June 5, the U.S. Supreme Court issued a unanimous decision, overruling the Sixth Circuit’s “background circumstances” rule in employment discrimination cases. The background circumstances rule required members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim.
Continue Reading Supreme Court – Same Burden of Proof Applies to All Plaintiffs in Title VII Discrimination Claims, Removing Greater Burden for “Reverse Discrimination” ClaimsEmployer Tips For Dealing With ICE
I was quoted in a Nashville Business Journal article examining what business owners should know as the U.S. Immigration and Customs Enforcement (ICE) has increased its presence in downtown Nashville in recent weeks.
Continue Reading Employer Tips For Dealing With ICEDOL Announces Enforcement Position on Independent Contractor Rule
On May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor Final Rule previously established by the Biden administration for purposes of complying with the Fair Labor Standards Act (FLSA).
Continue Reading DOL Announces Enforcement Position on Independent Contractor RuleDOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement
On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil rights law.