Cecilia Nieto

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In the ongoing battle over labor policy, the Trump administration has signaled plans to abandon or at least revise its defense of two Biden-Era lawsuits and their underlying initiatives.

The DOL’s Independent Contractor Rule

On January 24, 2025, the U.S. Court of Appeals for the Fifth Circuit granted the U.S. Department of Labor’s (DOL) request to delay oral arguments set for early February in a lawsuit challenging the Biden administration’s 2024 rule on classifying workers as independent contractors or employees under the Fair Labor Standards Act (FLSA).… Continue Reading

Summary

What’s next for employers who want to protect their businesses from competition from departing employees, including the loss of customers, employees, and confidential information? With a federal court injunction against the Federal Trade Commission’s (FTC) Final Rule banning noncompetes, the door is open for employers to continue using them. But companies now have time to reflect on the increasing hostility of courts and legislatures towards overly broad restrictive covenants, update their existing agreements, assess which employees ought to be subject to post-employment covenants, and determine how to best protect their trade secrets and confidential information.… Continue Reading

Updated on August 17, 2024

As we previously reported, here, the Federal Trade Commission (FTC) issued a Final Rule on April 23, 2024 that would prevent most employers from enforcing non-compete agreements against workers, effective September 4, 2024 (the “Rule”). As a result of a preliminary injunction entered against the Rule by a Texas federal court, employers are in limbo as to whether the Rule will impact their businesses.… Continue Reading