On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas vacated the Federal Trade Commission’s (FTC) final Rule that the FTC enacted to ban noncompete agreements. Judge Brown held that the FTC exceeded its statutory authority and invalidated the Rule on a nationwide basis.… Continue Reading
Employers
Texas, Pennsylvania, and Florida District Courts May Reach Different Decisions in FTC Non-Compete Ban Litigation
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
OSHA Finalizes ‘Walk around Rule’ Making it Easier for Union Representatives to Join Worksite Safety Inspections
On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule – known informally as the “walk around rule” – which makes two changes to its Representatives of Employers and Employees regulation (29 C.F.R. § 1903.8(c)) to significantly expand who an employee can bring in to join a workplace safety inspection.… Continue Reading
Webinar: Tobacco User Surcharges Up in Smoke?
As class action attorneys continue to target wellness programs and tobacco user surcharges, plan sponsors must be mindful of the complex rules governing these common plan features. Ballard Spahr employee benefits attorneys Finn Pressly and Uchenna Osagiede will break down what employer-sponsored medical plans need to know about these programs and will provide practical steps to help ensure compliance.… Continue Reading
House Tax Bill Would Greatly Accelerate Employee Retention Credit Filing Deadlines
The current draft of the Tax Relief for American Families and Workers Act of 2024 includes a proposed provision that would dramatically accelerate the deadline to file claims for the Employee Retention Credit (ERC) to January 31, 2024. The ERC is a much-scrutinized refundable tax credit of up to $26,000 per employee for certain wages paid by employers between March 12, 2020, and before October 1, 2021. … Continue Reading