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I’m a geek—I admit it. I get docket alerts whenever something happens in the FTC noncompete lawsuit pending in Texas, like last week when the judge blocked the Federal Trade Commission’s comprehensive ban on noncompetes—but only for the plaintiffs in the lawsuit. For now, your business must comply with the FTC’s Noncompete Rule.

Yesterday, however, I received another alert that the plaintiffs had asked the court to reconsider its earlier ruling and extend the ban nationwide.  Continue reading

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The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.

Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading

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Earlier this year, the Supreme Court ruled that an employee claiming discrimination under Title VII of the Civil Rights Act of 1964 need only show that their employer treated them worse than someone else because of a protected characteristic such as race, gender, or national origin.

Last week, a federal appellate court hinted at some examples of when a plaintiff suffered “some harm” to a term or condition of employment, which would be enough to have a facially plausible claim of discrimination.

Continue reading

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Since my homeowner’s insurance may not cover multitasking blog-related accidents around a lit Fourth-of-July grill, I’m not taking any chances. So, let’s address yesterday’s decision by a Texas federal judge to block the Federal Trade Commission‘s blunderbuss Noncompete Rule, which imposes a comprehensive ban on new noncompetes with all workers, including senior executives. Continue reading

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On July 1, the U.S. Department of Labor increased the salary level nationwide to qualify for certain overtime exemptions to the Fair Labor Standards Act from $684/week ($35,568/year) to $844/week ($43,888). On January 1, 2025, it will increase again to $1,128 per week or $58,656 per year.

Except for the State of Texas, as an employer. Continue reading

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On Wednesday, an administrative law judge issued a cease and desist order forcing an employer to rescind overly broad nondisparagement and confidentiality language from its severance agreement and notify all former employees who signed them.

This could have been avoided. Continue reading

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An employee in his early sixties worked under several managers, one of whom referred to the employee as “my b***h,” “motherf****r,” “old fart,” and “old motherf****r.” Upon seeking a raise, another manager told him that he was making too much money already and that “knowledge [did] not matter.” The employee interpreted this as an ageist comment because knowledge comes with age. Sometime later, two of his managers told him the company was “getting rid of the older guys,” which the employee understood as a threat that the company would try to push him out. Continue reading

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