-
Jan 16, 2025 | 
jdsupra.com | Jonathan Clark |Stephen Fox
Today, in the matter of E.M.D. Sales, Inc. v. Carrera, the United States Supreme Court held that employers must not meet a heightened standard of proof when defending claims under the Fair Labor Standards Act (“FLSA”). The decision is a victory for employers defending FLSA actions across the country. In the Carrera matter, the Supreme Court was asked to address the standard of proof employers must meet to demonstrate a plaintiff/employee is exempt from the FLSA.
-
Dec 11, 2024 | 
jdsupra.com | Stephen Fox
In a significant early ruling, one of Texas’s newly established Business Courts addressed a key procedural question: whether pre-existing cases may be removed to the specialized forum. Judge Bill Whitehill’s October 30, 2024 decision in Energy Transfer LP v. Culberson Midstream LLC held that, regardless of subject matter, cases filed before September 1, 2024 must remain in their original courts.
-
Nov 25, 2024 | 
jdsupra.com | Jonathan Clark |Stephen Fox
On November 15th, Judge Sean Jordan of the Eastern District of Texas halted a 2024 Department of Labor (“DOL”) Final Rule (“2024 Rule”) that massively increased salary requirements for employees classified as “exempt” from the Fair Labor Standards Act (“FLSA”). If implemented, the 2024 Rule would have reclassified untold millions of employees as “non-exempt” from the FLSA—making them eligible for overtime pay.
-
Nov 22, 2024 | 
natlawreview.com | Stephen Fox
On November 15th, Judge Sean Jordan of the Eastern District of Texas halted a 2024 Department of Labor (“DOL”) Final Rule (“2024 Rule”) that massively increased salary requirements for employees classified as “exempt” from the Fair Labor Standards Act (“FLSA”). If implemented, the 2024 Rule would have reclassified untold millions of employees as “non-exempt” from the FLSA—making them eligible for overtime pay.
-
Aug 22, 2024 | 
jdsupra.com | John Carroll |Jonathan Clark |Stephen Fox
On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas entered a limited, preliminary injunction barring the Federal Trade Commission (“FTC”) from enforcing its controversial Final Rule (“Rule”) which purports to ban almost all non-compete agreements. Importantly, Judge Brown’s preliminary order only enjoined enforcement of the Final Rule against the named plaintiffs who opposed it.
-
Aug 21, 2024 | 
lexology.com | John Carroll |Jonathan Clark |Stephen Fox |Ann M. O'Brien |Lindsay Stone |Mikela T. Sutrina | +1 more
On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas entered a limited, preliminary injunction barring the Federal Trade Commission (“FTC”) from enforcing its controversial Final Rule (“Rule”) which purports to ban almost all non-compete agreements. Importantly, Judge Brown’s preliminary order only enjoined enforcement of the Final Rule against the named plaintiffs who opposed it.
-
Jul 9, 2024 | 
mondaq.com | Stephen Fox |John Carroll |Jonathan Clark |Ann M. O'Brien
Listen to this post
On July 3, District Judge Ada Brown of the Northern District of
Texas issued an order enjoining the Federal Trade Commission
("FTC") from enforcing its "Final Rule" against
plaintiffs Ryan, LLC ("Ryan") and the U.S. Chamber of
Commerce (the "Chamber"). If implemented, the Final Rule
would effectively render nearly all non-compete agreements
unlawful.
-
Jul 8, 2024 | 
jdsupra.com | John Carroll |Jonathan Clark |Stephen Fox
On July 3, District Judge Ada Brown of the Northern District of Texas issued an order enjoining the Federal Trade Commission (“FTC”) from enforcing its “Final Rule” against plaintiffs Ryan, LLC (“Ryan”) and the U.S. Chamber of Commerce (the “Chamber”). If implemented, the Final Rule would effectively render nearly all non-compete agreements unlawful. Accordingly, this opinion was one of the most highly anticipated judicial decisions in antitrust and labor and employment law in recent memory.
-
Jun 28, 2024 | 
natlawreview.com | Stephen Fox
The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far more difficult for employers to prove a plaintiff/employee is exempt from the FLSA’s minimum wage and overtime requirements. On June 17, 2024, the United States Supreme Court granted certiorari in E.M.D. Sales, Inc. v.
-
Apr 25, 2024 | 
lexblog.com | John Carroll |Leo Caseria |Jonathan Clark |Thomas Dillickrath |John Carroll |Jonathan Clark | +6 more
On April 23, 2024, the Federal Trade Commission (the “FTC”) voted 3-2 to issue its final rule (“Final Rule”) banning employers from imposing noncompete clauses on their workers, approving the final rule in a special Open Commission Meeting. The FTC issued the Final Rule more than 15 months after publishing a proposed rule. Since that time, the FTC has received tens of thousands of comments, with the FTC claiming that 25,000 of the 26,000 comments received supported a ban on noncompetes.
