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 | September 9th, 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 | September 7th, 2024 ||

Minnesota Enacts Pay Transparency Law To Require Salary Range Disclosure In Job Postings

Minnesota joins the growing number of states to adopt statewide legislation requiring employers to disclose starting salary ranges and other forms of compensation and benefits in postings for open positions. The law becomes effective January 1, 2025 and applies to employers with 30 or more employees within the state.

Beginning January 1, 2025, Minnesota employers are required to include the starting salary range and a general description of benefits and other compensation in postings for […]

By | September 5th, 2024 ||