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Oct 14, 2024 | 
jdsupra.com | Linda Jackson |Michael K. Molzberger |Matthew F. Prewitt
On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor Relations Act (NLRA). In the memorandum, Abruzzo urges the NLRB to take action to remedy the “harmful effects” of the use and application of noncompetes and scrutinizes certain “stay-or-pay” provisions.
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Aug 22, 2024 | 
jdsupra.com | Linda Jackson |Michael K. Molzberger |Matthew F. Prewitt
On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule. “The Rule shall not be enforced or otherwise take effect on its effective date of September 4, 2024, or thereafter.”The district court’s decision has a nationwide effect. The FTC is very likely to appeal to the Fifth Circuit.
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Aug 21, 2024 | 
natlawreview.com | Louis Lehot |Michael K. Molzberger |Linda Jackson |James Erwin
The Labor Department has posted updated processing times for permanent labor certification (PERM) applications and prevailing wage determination (PWD) requests. PERM Processing Times: As of Aug. 1, the department was adjudicating applications filed in July 2023 and earlier, conducting audit reviews on applications filed in December 2022 and earlier and reviewing appeals for reconsideration filed in November 2023 and earlier.
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Aug 21, 2024 | 
natlawreview.com | Michael K. Molzberger
On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule. “The Rule shall not be enforced or otherwise take effect on its effective date of September 4, 2024, or thereafter.”The district court’s decision has a nationwide effect. The FTC is very likely to appeal to the Fifth Circuit.
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Aug 21, 2024 | 
afslaw.com | Michael K. Molzberger |Linda Jackson |Matthew F. Prewitt |Alexandra Romero
On The district court’s decision has a nationwide effect. The FTC is very likely to appeal to the Fifth Circuit. Meanwhile, employers need not concern themselves for now with the rule’s notice obligations, and the FTC’s purported nationwide bar on noncompetes is ineffective. Employers do, however, need to remain mindful of the broader trend of increasing hostility to employee noncompetes.
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Jul 15, 2024 | 
jdsupra.com | Michael K. Molzberger |Samuel A. Rasche |J. Michael Showalter
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the importance of ‘Chevron’ deference to normal people far outside the legal academy. Below, after examining the contours of the current regulatory space where environmental issues are often in the spotlight, we will summarize recent decisions including Loper Bright v.
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Jul 12, 2024 | 
natlawreview.com | Denise Gunter |J. Michael Showalter |Michael K. Molzberger |Kyle R. Freeny
Governor Josh Shapiro has two big liquor bills sitting on his desk after just signing the budget deal. Senate Bill 688 (“SB 688”) and House Bill 291 (“HB 291”) are expected to be signed and will continue Pennsylvania’s path toward increased consumer convenience. SB 688 is the most significant as it now allows ready-to-drink (“RTD”) cocktails up to 12.5% ABV to be sold by retailers.
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Jul 12, 2024 | 
afslaw.com | J. Michael Showalter |Michael K. Molzberger |Samuel A. Rasche
Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the importance of ‘Chevron’ deference to normal people far outside the legal academy. On Below, after examining the contours of the current regulatory space where environmental issues are often in the spotlight, we will summarize recent decisions including Loper Bright v.
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Jul 5, 2024 | 
jdsupra.com | Michael K. Molzberger |J. Michael Showalter
On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day. In Corner Post v.
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Jul 5, 2024 | 
jdsupra.com | Linda Jackson |Michael K. Molzberger |Matthew F. Prewitt
On July 3, the US District Court for the Northern District of Texas issued a decision and order enjoining the Federal Trade Commission (FTC) from enforcing its final rule banning most noncompete agreements. This decision is the expected outcome of the suit. Notably, the court expressly declined to issue a nationwide injunction. Instead, the injunction is limited to the named plaintiffs and does not stay the FTC’s noncompete rule for others.
