No More Chevron Deference: What Does This Mean For Employers?

From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme Court overturned what the court referred to as the “ancien régime” of Chevron deference in Loper Bright Enterprises v. Raimondo. For those of us who are not French history buffs, “ancien régime” was the political system overturned by the French Revolution; […]

By | Dec 21, 2024 ||

A Preliminary Ruling Strikes The FTC’s Non-Compete Ban, But Leaves Employers With Significant Compliance Issues And Little Time

On April 23, 2024, the FTC, by a 3 -2 party line vote, passed a new rule, banning nearly all noncompetition agreements in the United States, in all businesses subject to FTC jurisdiction (the “Rule”). We commented on the Rule in our May 16, 2024 Client Alert, and noted the likelihood of serious legal challenges, including ones based on the FTC’s rulemaking authority, FTC overreach and other issues.

On July 3, 2024, a Texas Federal District […]

By | Dec 19, 2024 ||

Firing Fumbles: Avoiding Legal Landmines With Underperforming Employees

We are regularly fielding questions from employers about terminations/separations with underperforming employees. The typical call/email chain goes something like this:

CLIENT:We’d like to fire Employee X.

FIRM: Alright, we’d be glad to help. Can you tell us a bit more?

CLIENT: The employee isn’t doing their job well.

FIRM:Got it. Does the employee have an employment contract for a fixed period? Is the employee in a protected class? Do you have any documented performance reviews in their file?

CLIENT:No, they don’t […]

By | Dec 17, 2024 ||