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White House Pushes for Ban on Non-Competes

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable limitations. On Tuesday, October 25, the White House took the unprecedented step of calling on state legislatures to ban non-competes […]. A news report on the ...
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Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA

In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement Income Security Act (ERISA) when it reduced employees’ hours to avoid incurring increased costs under the Affordable Care Act (ACA). ...
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The Safe and Accurate Food Labeling Act’s Impact

FDA’s steadfast position against formally addressing “Natural” claims on food products may soon be forced to change if the Safe and Accurate Food Labeling Act, which the House of Representatives passed on July 23, 2015, is enacted. The Safe and Accurate Food Labeling Act (“SAFLA”) serves largely to prohibit state and local governments from enacting ...
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DOL Issues Final Rule Providing FMLA Rights to All Workers in Legal Same-Sex Marriages

The Department of Labor issued its Final Rule on Family Medical Leave Act (FMLA) rights on February 25, joining the Internal Revenue Service in adopting the “place of celebration”/“state of celebration” test. By virtue of this change, FMLA rights now extend to all workers in legal same-sex marriages regardless of the law of the state ...
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How to Avoid the EEOC’s Radar

The Equal Employment Opportunity Commission’s (EEOC’s) statistics about employment discrimination continue to demonstrate a trend of increased charge filing and litigation with the agency. And, in the wake of the EEOC’s increased focus and expanding budget to execute its Strategic Enforcement Plan, the employment discrimination lawsuit trend is expected to continue. The most effective action ...
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New Employment Protections for LGBT Employees of Federal Contractors, U.S. Government

President Obama signed an Executive Order on July 21, 2014 that gave new protections against discrimination to lesbian, gay, bisexual and transgender (LGBT) employees of federal contractors and subcontractors, and the federal government. For the federal government, discrimination was already prohibited on the basis of sexual orientation and is now also prohibited on the basis ...
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