Archives for August 22, 2024
Super Lawyers Recognizes 51 Goldberg Segalla Upstate New York Attorneys in 2024
WEBINAR: How to Maximize Subrogation Recovery in New York Workers’ Compensation Claims
Goldberg Segalla partners Christopher J. Major and Matthew P. Palazzola will provide practical, hands-on advice for maximizing the subrogation potential of a New York workers’ compensation claim, including via both Section 29 of the WCL and intercompany loss transfer pursuant to Ins. Law 5105.
The U.S. Mental Health Crisis and the Workplace
Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues.
Court Issues Nationwide Injunction Against FTC’s Noncompete Ban
As of yesterday afternoon, employers across the country that utilize noncompete agreements may breathe a sigh of relief, as Judge Ada Brown beat her self-imposed deadline of August 30, 2024 and ordered an end to any enforcement of the Federal Trade Commission’s (“FTC”) Noncompete Rule.
Judge Brown, of the Northern District of Texas, evaluated competing motions for summary judgment filed by the Plaintiff, the related parties, and the FTC. She denied the FTC’s motion and granted the Plaintiffs’ motions. In reaching her decision, Judge Brown concluded that the FTC both exceeded its statutory authority derived from the Federal Trade Commission Act when it issued the Noncompete Rule earlier this year, and acted in an arbitrary and capricious manner in violation of the Administrative Procedures Act (“APA”).
Judge Brown concluded that the Federal Trade Commission Act provided a limited role for making “housekeeping” rules to preclude unfair and deceptive practices, and as a result, the FTC lacks the authority to create substantive rules such as the Noncompete Rule that it promulgated.
Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees
The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a decision finding that the male varsity basketball players at the Ivy League’s Dartmouth College were employees of the school, despite not being offered athletic scholarships.
The decision required Dartmouth to bargain with SEIU Local 560, the union representing the basketball players, over terms and conditions of “employment.” Dartmouth refused to bargain and announced that it believed that court review would demonstrate that the NLRB decision holding that its varsity basketball players were employees would be overturned.
Yesterday, SEIU Local 560 filed an unfair labor practice complaint against Dartmouth asserting that Dartmouth’s outright refusal to bargain with SEIU violated Dartmouth’s duty to bargain in good faith under the National Labor Relations Act. The next step is for the complaint to be investigated by Region 1 of the NLRB. If a violation is found as a result of the investigation, Region 1 will issue an unfair labor practice charge against the school.
The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities
On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S.
FTC’s Noncompete Ban Got Struck Down. What Happens Next?
For decades, noncompete employment agreements have prevented all sorts of workers — doctors, engineers, even hair stylists — from easily switching jobs.
Jack Daniel’s Maker Says It Will Cancel Its DEI Goals
Whiskey maker will exit Human Rights Campaign LGBTQ ratings
Work Advice: Defending your performance without being ‘defensive’
My bosses keep accusing me of lapsing back into bad habits. How do I let them know they’re wrong?
When Resentment Is Building on Your Team
Expert advice to help you diffuse tension and refocus on shared goals.
Finding Joy as a Manager — Even on Bad Days
Four strategies to instill hope, curiosity, and meaning back into your workday.
Federal Court Vacates FTC Non-Compete Ban
The post Federal Court Vacates FTC Non-Compete Ban appeared first on Hirsch Roberts Weinstein LLP.
My workplace is cracking down on ‘hush trips’ – what’s the problem if the work gets done?
Question: During a recent conversation over lunch with colleagues, it came up that our organization wants to crack down on “hush trips” — people working remotely from a vacation spot without telling their employer.
The Power Of DAOs Will Be Unleashed When Boomers Leave The Workforce
Businesses are exploring alternative ways of organizing themselves.