In this installment of our Employee Benefits and Executive Compensation podcast series, Troutman Pepper Partners Jim Earle, Lynne Wakefield, and Lydia Parker discuss the impact of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on benefits-related regulations, including the Department of Labor’s Fiduciary Rule; environmental, social, and governance regulations; protections based on sexual orientation and gender identity under the Affordable Care Act; and much more.

Continue Reading Regulatory Uncertainty: Benefits-Related Legal Challenges in a Post-<em>Chevron</em> World

In a complete victory for plaintiffs, a Texas court permanently enjoined the Federal Trade Commission’s (FTC) rule banning nearly all employee noncompetes. In the absence of the court’s decision, the rule had been scheduled to become effective on September 4. While the litigation regarding the FTC rule is pending in Texas, Florida, and Pennsylvania federal courts and the FTC has pledged to continue its efforts to stop the use of noncompetes, the Texas opinion gives businesses much-needed clarity regarding the rule and eliminates the need for employers to address the rule by September 4.

Continue Reading Texas Court Issues National Injunction Barring Enforcement of the FTC’s Noncompete Ban

We are thrilled to announce that our own Hiring to Firing Podcast has been named a finalist for the prestigious PRNEWS Platinum Award in the Digital & Social Media – Podcast category. This recognition highlights the podcast’s innovative approach to discussing key labor and employment issues through the lens of popular culture. The winners will be revealed at an awards event in October.

Continue Reading Hiring to Firing Podcast Named Finalist for PRNEWS Platinum Award

On July 17, Pennsylvania Governor Josh Shapiro signed House Bill (HB) 1633, the Fair Contracting for Health Care Practitioners Act (the Act) into law. At a high level, the Act: (1) limits the enforceability of noncompetes against certain health care practitioners; and (2) imposes a notice obligation on employers of those practitioners.

Continue Reading Pennsylvania Limits Noncompete Agreements for Health Care Practitioners

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Troutman Pepper’s Chief Human Resources Officer Shana Beldick to discuss the appropriate use of emojis in professional settings. In an era where digital communication has become a fundamental part of daily life, the three explore the use of emojis to promote efficiencies at work, the risks of miscommunication, and the generational divide as to whether emoji usage is considered a professional form of communication. They also touch on the broader implications of digital communication in today’s remote and hybrid work environments and discuss best practices for maintaining professionalism while fostering connection and humor in the workplace.

Continue Reading Emoji Etiquette: Navigating Professionalism and Connection in the Workplace With <em>The Emoji Movie</em>

In direct conflict with a recent Texas court ruling, on July 23, an Eastern District of Pennsylvania court denied ATS Tree Services’ motion for a preliminary injunction to stay the effective date of the Federal Trade Commission’s (FTC) noncompete ban. The ATS court limited application of its decision to the plaintiff, but its holding — “the FTC is empowered to make both procedural and substantive rules as is necessary to prevent unfair methods of competition” — conflicts with the Texas federal court’s conclusion that “the FTC lacks the authority to create substantive rules.” The Texas court intends to rule on the merits of its case by August 30, just four days before the ban’s effective date. While it seems likely that the Texas court will strike down the noncompete ban, given that this decision may not come down until the eve of the ban (and may not ultimately rule in favor of plaintiffs), employers should take steps now to prepare for the possibility of the ban becoming effective right after Labor Day.

Continue Reading Pennsylvania Court Denies Injunction Against FTC’s Noncompete Ban

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs chat with guest Stacey Chazin, founder and principal of I-Factor Leadership, about motivating introverts in the workplace. Featuring clips from some of their favorite TV and movie introverts — Peter Parker in Spider-Man, Milton in Office Space, and Sheldon in Big Bang Theory — the episode features an insightful discussion on what makes introverts tick, how they can succeed in an extroverted work environment, and practical tips for managers to support introverted employees. Whether you’re an introvert, extrovert, or somewhere in between, this episode offers valuable insights into understanding and leveraging your employees’ natural preferences for greater success at work.

Continue Reading Motivating Employees Who Are Introverts: Lessons From <em>Spider-Man</em>, <em>Office Space</em>, and <em>The Big Bang Theory</em>

Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This is the latest in a series of court and agency decisions involving student-athletes seeking employee status at their colleges and universities. As we reported in February, the National Labor Relations Board (NLRB) recently ruled that the student-athletes on the Dartmouth College men’s basketball team are “employees” under the National Labor Relations Act (NLRA) and, therefore, were eligible to vote on whether to unionize (see Trustees of Dartmouth College, Case No. 01-RC-325633). This decision, which was issued by Regional Director for Region 1 Laura Sacks, is currently on appeal to the full NLRB. These decisions are likely to encourage additional litigation by student-athletes across the U.S.

Continue Reading Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Josh Riggs, owner of Social Cannabis, based in Denver, CO. They delve into the complexities of managing employee conduct in the highly regulated cannabis industry and reflect on the evolution of the industry, highlighting its unexpected sophistication and the challenges of compliance with various laws. Tune in for a unique discussion featuring clips from Dave Chappelle’s Half Baked.

Continue Reading Managing Employee Compliance in Highly Regulated Industries

As workers were leaving their offices for the Fourth of July holiday, the Northern District of Texas issued its much-anticipated order preliminarily enjoining the effective date of the Federal Trade Commission’s (FTC) controversial noncompete ban rule. The court’s decision, however, is limited to the named plaintiffs — a tax accounting firm and several business groups — in the case. Although the stay is temporary pending the court’s final decision on the merits of the case and applies only to the movants in the case, it signals that a permanent and nationwide injunction is likely.

Continue Reading Texas Court Temporarily Enjoins FTC Noncompete Ban Rule