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Aug 22, 2024 | 
jdsupra.com | Eric Gebert |Eric Tate |Andrew Turnbull
On August 20, 2024, a judge in the U.S. District Court for the Northern District of Texas granted a nationwide injunction against the Federal Trade Commission’s (“FTC’s”) rule banning non-competes with employees (the “Rule”). As we previously reported, the court foreshadowed this ruling last month when it issued a limited injunction, barring the Rule from applying only to the plaintiffs in that case.
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Aug 16, 2024 | 
jdsupra.com | David Papas |Eric Tate |Andrew Turnbull
Earlier this year, on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a final rule (the “Final Rule”) barring nearly all non-competition provisions for most workers in the United States. The Final Rule is set to go into effect on September 4, 2024. As previously reported, however, the Final Rule has been challenged in several courts throughout the country. For instance, on July 3, 2024, in Ryan LCC v.
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Apr 22, 2024 | 
jdsupra.com | Andrew Turnbull
On April 17, 2024, the U.S. Supreme Court held in Muldrow v. City of St. Louis, that discriminatory job transfers under Title VII require a showing of “harm” relating to an identifiable term or condition of employment, but that harm does not need to be “significant.” The Court’s holding resolves a circuit split, lowering the standard of harm needed to show job transfers are discriminatory under Title VII in certain jurisdictions.
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Apr 17, 2024 | 
jdsupra.com | Cooper Spinelli |Eric Tate |Andrew Turnbull
As we last reported in March, the Federal Trade Commission’s (the “Commission’s”) final vote on its Proposed Rule to Ban Noncompetes (“Proposed Rule”) was slated to take place as early as April 2024. Today, the Commission announced that it will hold a Special Open Commission Meeting on its Proposed Rule starting at 2 p.m. Eastern Time on April 23, 2024.
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Apr 12, 2024 | 
jdsupra.com | Keniece Gray |Andrew Turnbull
Maryland is seeking to become the latest jurisdiction to require companies to disclose pay in job postings. On March 29, 2024, the Maryland Senate approved House Bill 649, Labor and Employment – Equal Pay for Equal Work – Wage Range Transparency (“HB 649”). If signed by the Maryland governor, HB 649 would amend Maryland’s current pay transparency laws requiring employers, among other things, to provide applicants pay information upon request.
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Feb 1, 2024 | 
jdsupra.com | Andrew Turnbull |Keniece Gray
On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to disclose compensation being offered in job postings. If implemented, the requirements will apply broadly to all federal contracts and subcontracts that are principally performed in the United States and cover all jobs that work on or in connection with a covered contract.
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Jan 31, 2024 | 
today.westlaw.com | Andrew Turnbull |Keniece Gray
(February 16, 2024) - Andrew Turnbull and Keniece Gray of Morrison Foerster LLP examine President Joe Biden's proposed rule requiring federal contractors to disclose compensation for open jobs while preventing them from obtaining applicants' pay histories.
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Aug 30, 2023 | 
mondaq.com | Nicole Giles |Andrew Turnbull
In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals ("ASBCA" or the "Board") held that, despite the federal government's failure to include or incorporate the McNamara-O'Hara Service Contract Act ("SCA") FAR Clause 52.222-41 (the "SCA Clause") in the contract, the contractor was required to comply with the SCA and not entitled to an equitable adjustment for all costs it incurred from a $1.5 million settlement with the U.S. Department of Labor...
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Aug 29, 2023 | 
jdsupra.com | Nicole Giles |Andrew Turnbull
In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara Service Contract Act (“SCA”) FAR Clause 52.222-41 (the “SCA Clause”) in the contract, the contractor was required to comply with the SCA and not entitled to an equitable adjustment for all costs it incurred from a $1.5 million settlement with the U.S. Department of Labor...
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Aug 28, 2023 | 
lexology.com | Nicole Giles |Andrew Turnbull
In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara Service Contract Act (“SCA”) FAR Clause 52.222-41 (the “SCA Clause”) in the contract, the contractor was required to comply with the SCA and not entitled to an equitable adjustment for all costs it incurred from a $1.5 million settlement with the U.S. Department of Labor...
