On Wednesday, August 20, 2024, a federal judge in Texas set aside the Federal Trade Commission (“FTC”) Rule banning the use of noncompete agreements in employment, which was set to take effect on September 4, 2024. The judge held that the FTC exceeded its statutory authority in making the Rule, and that the Rule violated
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Political Discourse in the Workplace: Considerations for Employers
With a presidential election just around the corner, employers can expect to see an uptick in political discussions in the workplace, if they haven’t already. The days when coworkers typically refrained from discussing politics and religion have passed. However, what is permitted and required of employers with respect to politics in the workplace these days…
Pennsylvania Imposes New Limitations on Health Care Noncompetes
By Mark Hipple & Robert McAvoy
On July 17, 2024, Pennsylvania passed a new law concerning noncompete agreements within the healthcare industry, which is known as the Fair Contracting for Health Care Practitioners Act (the “Act”). The Act will take effect on January 1, 2025, and brings significant changes impacting how noncompete agreements can be used and enforced within healthcare industry.…
Federal Court Allows Ex-Teacher’s First Amendment Claim to Proceed to Trial
A jury will consider a former teacher’s (Mr. Moorehead) First Amendment claim against his former employer, a Pennsylvania School District (the “District”). The claim arose from Mr. Moorehead’s attendance at the “Stop the Steal” rally on January 6, 2021, and his subsequent separation from employment with the District.
Mr. Moorehead traveled down to Washington…
UPDATE – DOL’s New Minimum Salary Requirements for the FLSA’s White-Collar Exemptions Take Effect (For Every Covered Employer Except Texas)
By Adam R. Long & Austin Wolfe
In April, we wrote about the U.S. Department of Labor’s new regulations set to take effect on July 1, 2024. These new regulations significantly increase the minimum salary required for employers to meet the Fair Labor Standards Act’s white-collar overtime exemptions.
A number of legal challenges were filed seeking to block the new regulations…
Federal Court Blocks Key Provisions of Updated Davis-Bacon Regulations
On June 24, 2024, a federal judge in Texas issued a nationwide injunction to block parts of the Department of Labor’s recent regulations updating Davis-Bacon prevailing wage requirements on federally funded construction projects. The preliminary injunction prevents the DOL from enforcing three provisions of the updated regulations while the litigation proceeds.
Although the preliminary injunction…
Supreme Court Imposes Tighter Standard for NLRB to Obtain Injunctive Relief
The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for evaluating the right to injunctive relief, and requires courts to analyze four factors before issuing a preliminary injunction to restrict an…
Have you filed your EEO-1 2023 Report? There’s still time!
EEO-1 reports were due on June 4, 2024. If you have not yet filed your report, you should do so as soon as possible. The EEOC has provided a late filing deadline of July 9, 2024 to file your 2023 reports. After that date, the opportunity to file will be lost. Failure to file your…
Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer
On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former University police officer who was fired due to offensive social media posts. In 2021, several anonymous University students (known as the “Activists”) submitted screenshots of the Police Officer’s social media posts,…
McNees to Host 33rd Annual Labor & Employment Seminar
The McNees Labor & Employment team will host its 33rd Annual Labor and Employment Seminar next month. The seminar will cover a variety of topics focused on pressing and novel issues in labor and employment law.
The Seminar will be presented virtually on May 16, 2004. The in-person event will be held on May 17,…