Protecting Employers Since 1985

Update on FTC’s Ban on NonCompetes

By Joseph H. Laverty / August 30, 2024

On August 20, 2024, a Texas federal Judge blocked the Federal Trade Commission (FTC) rule banning noncompete agreements in employment contracts. The Judge determined that the FTC exceeded its statutory authority in passing a rule banning noncompetes. The ban was supposed to go into effect on September 4, 2024. In the ruling, the Court said…

Read More

Current Status of the FTC Non-Compete Ban

By Joseph H. Laverty / July 27, 2024

Last week, a Pennsylvania Federal Judge refused to issue a temporary restraining order to block the Federal Trade Commission’s (FTC’s) ban on non-compete agreements. This was a very important ruling. All eyes are now on a Texas Federal Judge who has practically the same issue before her, and the Texas Federal Judge has allegedly indicated…

Read More

Current Status of Non-Compete Agreements in Illinois

By Joseph H. Laverty / June 27, 2024

On April 23, 2024, the Federal Trade Commission (FTC) published its final rule regarding non-compete clauses. The final rule bans most non-compete clauses between employers and their workers. The effective date of the final rule is September 4, 2024. The final rule allows employers to maintain existing non-compete agreements with “senior executives” (those who make…

Read More

State Attorney Generals Sue EEOC Saying Guidance On Gender Identity Is Overreaching

By Joseph H. Laverty / May 30, 2024

Numerous State Attorney Generals filed suit in May 2024 claiming the Equal Employment Opportunity Commission (“EEOC”) enforcement guidance on harassment in the workplace went too far in trying to legislate protections around gender identity that go beyond what the U.S. Supreme Court established in the 2020 Bostock v. Clayton County decision. The last time the…

Read More

UAW Loses Organizing Campaign in Alabama

By Joseph H. Laverty / May 24, 2024

After the United Auto Workers (“UAW”) signed contracts with numerous auto workers in 2023, they announced their organizing intentions at nonunion automakers who have numerous facilities in the South. In May 2024, Mercedes employees at the company’s plants in Vance and Woodstock, Alabama, voted against UAW representation in an election trying to unionize both plants.…

Read More

Federal Trade Commission (“FTC”) Publishes Its Final Rule, Barring Most Noncompete Agreements

By Joseph H. Laverty / April 25, 2024

            On April 23rd the FTC issued a final rule which for all practical purposes would ban noncompete agreements nationwide. Under the new rule, existing noncompete agreements for senior executives can remain in force, but employers are not allowed to enter into or enforce new noncompete agreements with senior executives. The final rule defines senior…

Read More

NLRB Joint-Employer Standard-2023 Final Rule

By Joseph H. Laverty / December 5, 2023

On October 27, 2023, the National Labor Relations Board, (NLRB), published a final rule addressing the standard for determining joint-employer status. The final rule establishes that, under the National Labor Relations Act (NLRA), two or more entities may be considered joint employers of a group of employees if each entity has an employment relationship with…

Read More

The Benefits Of Conducting A Self-Audit On Your Company

By Joseph H. Laverty / September 16, 2023

Employment law issues run the complete range from discrimination and harassment to unsafe conditions – but one thing remains the same: If you as the employer are violating a law you could be opening your company and yourself to liability. Below are common employment laws to conduct an audit on. Common Employment Law Issues Common…

Read More

AI in the Human Resources Arena

By Joseph H. Laverty / August 26, 2023

Artificial Intelligence (AI) is transforming human resources departments. While the benefits of AI include increased efficiency and cost benefits, the dangers are bias and discrimination. As a result, regulators are rapidly enacting laws to govern the use of AI in employment decisions, presenting a challenge for employers to keep up with legislation and remain compliant.…

Read More

News from the Iowa Legislature

By Joseph H. Laverty / July 6, 2023

New Iowa child labor laws A new law has just taken effect in Iowa relating to child labor laws. The new law allows kids ages 14 and 15 to be able to work until 11:00 PM during the summer. That’s two hours longer than previously allowed. They’ll be able to work until 9:00 PM during…

Read More

COVID-19 Resources

Stay up-to-date about developments in the Midwest.

Categories

Schedule your confidential consultation

Contact Wessels Sherman if you would like to speak with one of our experienced labor and workplace attorneys, contact any of our four office locations and schedule a consultation.