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Major Questions Doctrine Issues Come Into Focus In Lawsuit Challenging FTC's Ban On Non-Competition Covenants

Vincent Jackson
06/21/2024
Federal Trade Commission, Non-Competes
Last April, the Federal Trade Commission proposed a rule that would enact a near-complete ban on non-competition covenants. This rule was immediately challenged in court by multiple business interests.  One of the cases, Ryan, LLC v. Federal Trade Commission, has proceeded to briefing over whether a preliminary injunction should block the FTC’s actions. In opposing a request for preliminary injunction, the FTC has staked out an interesting...
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New Maryland Pay Transparency Law To Go Into Effect On October 1, 2024

Vincent Jackson
05/28/2024
Maryland Law
On April 25, 2024, Governor Wes Moore signed a bill requiring Maryland employers to include wage ranges and benefit information in external and internal job postings. The new law, which takes effect October 1, 2024, will apply to all employers, regardless of size, as well as third-party recruiters. Employers will now be required to disclose in any job posting the wage range, defined as the minimum and maximum hourly rate, or the minimum and maximum...
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FTC Announces Ban on Worker Non-Competes

Vincent Jackson
04/26/2024
Non-Competes
Earlier this week, the Federal Trade Commission proposed a rule that would adopt a nearly-universal ban on non-compete agreements that restrict workers from switching jobs within an industry.  While the rule will not go into effect for 120 days, it has already drawn legal challenges from business groups, including the Chamber of Commerce. The rule is breathtakingly broad in scope.  It does not merely outlaw non-competes for low and medium-wage...
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D.C. Circuit Overrules NLRB On Worker “Surveillance” Case

Vincent Jackson
04/01/2024
NLRB
Earlier this week, the U.S. Court of Appeals for the D.C. Circuit overruled a recent decision of the National Labor Relations Board finding that an employer engaged in unfair labor practices by “surveilling” union activity and issuing disproportionate punishment to a union activist. The case, Stern Produce Company v. NLRB, involved two separate incidents:  (1) a driver who was sent a text message from a supervisor advising him that he had to...
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Second Circuit Revives Religious Discrimination Claim Of Prison Employee Forced To Remove Hijab

Vincent Jackson
02/10/2024
Employment Discrimination, Reasonable Accommodations/Undue Burden, Religious Discrimination
A recent decision from the Second Circuit Court of Appeals overturned a trial court’s dismissal of a religious discrimination claim brought by a female prison employee who was forced to remove a hijab.  The Plaintiff was a corrections officer who was a practicing Muslim, and who requested to wear a hijab at work.  This was in accordance with Plaintiff’s religious obligation to wear a hijab in the presence of men outside of her family.  The...
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Mandalorian Actress Files Suit Against Disney For Wrongful Termination

Vincent Jackson
02/09/2024
Employment Discrimination, Sex Discrimination
Earlier this week, the former Mandalorian actress and MMA fighter Gina Carano filed suit in federal court against Disney, alleging that she was wrongfully terminated and the victim of gender discrimination due to her political posts on social media. The Complaint begins: “A short time ago in a galaxy not so far away, Defendants made it clear that only one orthodoxy in thought, speech, or action was acceptable in their empire, and that those who...
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Second Circuit Affirms Dismissal of Police Officer’s Title VII Lawsuit

Vincent Jackson
12/29/2023
Employment Discrimination, Hostile Work Environment, Race Discrimination, Retaliation
A recent case from the Second Circuit presented an interesting fact pattern for law enforcement employers facing claims of discrimination by stereotype.  In Hanks v. City of Syracuse, a black police officer who was denied an assignment to a prestigious gun violence task force brought suit for race discrimination under Title VII, hostile work environment, and retaliation. The District Court dismissed the case for failure to state a claim, which the...
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Virginia Supreme Court Rules in Favor of Teacher Who Was Fired Over Pronouns

Vincent Jackson
12/26/2023
Employment Discrimination, First Amendment Protections, Gender Identity, Religious Discrimination, Sexual Orientation, Virginia Employment Law
The Virginia Supreme Court recently issued an opinion in favor of a public school teacher who was terminated after refusing to use the preferred pronouns of a transgendered student.  The case provides an interesting study into the continuing conflicts between LBGTQ rights under federal law and a renewed push for religious freedom. The plaintiff was a French teacher who had worked at the school for six years.  Near the end of the 2017-18 school...
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EEOC Files Amicus Brief In Support Of Religious Accommodations For Refusing Mandatory Covid-19 Vaccinations

Vincent Jackson
11/09/2023
Agency Activity, COVID-19, EEOC, Employment Discrimination, Religious Discrimination
In a recent amicus brief filed in the 8th Circuit, the EEOC has urged heightened protections for workers who object to mandatory vaccinations due to sincerely-held religious beliefs.  The EEOC's amicus brief highlights the unique difficulties employers face when forced to accommodate a religious belief under Title VII. The case, Ringhofer v. Mayo Clinic Ambulance, involves two longtime employees who worked as a paramedic and registered nurse for...
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NLRB Releases Filing Statistics for FY 2023

Vincent Jackson
10/19/2023
Agency Activity, NLRB, Union Activity
The National Labor Relations Board released case processing data for FY 2023.  The data shows that between October 1, 2022 and September 20, 2023, 22,448 cases were filed--a 10% increase over the previous fiscal year.  2023 also saw the highest number of cases filed since 2016. The increase in filings was spread across both unfair labor practice (ULP) charges and union representation-related activity.  Both categories of cases have seen...
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