BW INSIGHTS

Trump Signs New Executive Order Seeking to Eliminate Disparate Impact Discrimination

By Danielle Smid | 04.28.2025
President Trump signed an executive order on April 23, 2025, directing that federal agencies stop using the disparate impact theory of liability under federal civil rights law, including Title VII of the Civil Rights Act of 1964. The EO, titled “Restoring Equality of Opportunity and Meritocracy,” deprioritizes disparate impact and specifically... Read More

Trump Removes NLRB General Counsel and Fires Acting Democrat Chair

By Danielle Smid | 01.28.2025
President Trump fired acting chair of the National Labor Relations Board, Democrat Gwynne Wilcox Monday night. Additionally, he removed General Counsel of the Board, Jennifer Abruzzo, who had become a strong advocate for unionization. The general counsel of the Board has sweeping authority to determine what types of cases are prosecuted by the... Read More

Texas Federal Court Strikes Down Biden Administration’s Overtime Rule Raising Salary Threshold for While Collar Exemptions

By Danielle Smid | 11.18.2024
According to a Texas Federal Judge on Friday, the United States Department of Labor lacked authority to raise the salary threshold for the Fair Labor Standards Act white collar overtime exemptions. The Court’s ruling strikes down on a nationwide basis the Biden Administration rule that has been in effect since July. The Court rules that each of... Read More

Two Critical Considerations for Employers Ahead of the FTC's Final Rule Effective Date

By Danielle Smid | 08.14.2024
As the Federal Trade Commission's (FTC) final rule banning non-competes approaches its effective date of September 4, 2024, employers should begin preparing for its enforcement. Two key actions employers should consider now include: (1) initiating legal action for breaches of existing and enforceable non-competes, and (2) satisfying the final... Read More

Court Blocks FTC Rule Banning Employment Noncompete Agreements on a Limited Basis

By Danielle Smid | 07.10.2024
On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule banning most post-employment non-competes for all workers, except senior executives, employed by for-profit employers. However, recent judicial decisions are stirring up problems for the Final Rule. Important Court Rulings On July 3, 2024, in Ryan LLC v. Federal Trade... Read More

Supreme Court Tightens Standards for NLRB Injunctive Relief

By Danielle Smid | 07.03.2024
The National Labor Relations Board (NLRB) is an independent federal agency tasked with safeguarding employees' rights and addressing unfair labor practices by employers. In the recent Supreme Court case Starbucks Corp. v. McKinney, 144 S. Ct. 1570 (2024), the Court's 8-1 decision imposed the stricter traditional four-factor test for granting... Read More

FTC Publishes Final Rule Banning Non-Competes

By Danielle Smid | 05.08.2024
On May 7, 2024, the Federal Trade Commission (FTC) published a Final Rule banning most post-employment non-competes. The Final Rule becomes effective on September 4, 2024. While the Final Rule faces statutory and constitutional challenges which may potentially delay and even halt the Effective date, employers should still take steps to become... Read More

The FTC Votes to Ban Non-Compete Agreements

By Danielle Smid | 04.24.2024
In a 3-2 vote, the Federal Trade Commission (“FTC”) issued a new rule (the “Final Rule”) on April 23, 2024, banning virtually all post-employment non-competes in employee-employer contracts. In a highly anticipated decision, the FTC found that non-compete agreements between an employer and employee are unfair competition violating section 5 of the... Read More

DOL Independent Contractor Final Rule

By Danielle Smid | 01.31.2024
On January 9, 2024, the Department of Labor (DOL) released its Final Rule which changes the criteria for classifying independent contractors under the Fair Labor Standards Act (FLSA). The Final Rule is set to take effect on March 11, 2024, and rescinds the 2021 independent contractor rule, replacing it with an analysis that the DOL explains, is... Read More

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