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F.T.C. Bans Worker Noncompete Clauses
On April 23, the Federal Trade Commission essentially banned most noncompetes, clauses which prevent workers from leaving for a competitor for a certain amount of time. Approved by a 3-to-2 vote, the commission’s move will likely help create jobs, raise wages by forcing employers to compete harder for talent, and increase competition among businesses. Noncompetes…
Read MoreU.S. Supreme Court Rejects Stricter Standard for Title VII Job Transfer Suits
The U.S. Supreme Court ruled on April 17 that Title VII of the Civil Rights Act bars discriminatory job transfers, even if they are not accompanied by significant harm to the employee. This will likely clear the way for more workplace bias lawsuits to proceed. The justices, in their unanimous decision in Muldrow v. St. Louis,…
Read MoreEEOC Announces Final Pregnancy Accommodation Regulation
On April 15, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled the final version of a rule serving to implement the Pregnant Workers Fairness Act (PWFA), a 2022 law bolstering employees’ legal protections relating to pregnancy and childbirth. The rule will take effect two months after its April 19 publication in the Federal Register. The…
Read MoreNeil L. Henrichsen Speaks at Elevating Justice
Last week, the firm’s managing member, Neil L. Henrichsen, was a guest speaker at the National Employment Lawyers Association 2023 Annual Convention, Elevating Justice. During his session, Mr. Henrichsen discussed key techniques to acquire thorough discovery from opposing parties. This year’s annual convention took place in Chicago, Illinois, a home to many historic labor movements.…
Read MoreWorker Exploitation – Migrant Children Work Brutal Jobs Across US
Worker exploitation takes extreme forms, even in the United State of America. A New York Times investigation has found that a significant number of migrant children who arrive in the US alone are ending up in some of the most punishing jobs in the nation. Their employment has extended into trades in every state…
Read MoreAnti-Money Laundering Whistleblower Improvement Act Passes, Marking Win for Whistleblowers
On December 23, 2022, U.S. Congress included the Anti-Money Laundering (AML) Whistleblower Improvement Act as part of the Omnibus spending package and was signed into law by President Biden. Modeled on whistleblower provisions included in the Dodd-Frank Act, the act expands incentives and protections for whistleblowers, and is likely to add support for whistleblowers who…
Read MoreProposed Federal Ban on Non-Compete Agreements in Labor Contracts
On January 5, 2023, the U.S. Federal Trade Commission moved to establish a rule that would block companies from limiting their employees’ ability to work for rivals or starting a competing business months or years after their employment. The proposal would also require companies to nullify any existing non-competes within six months. Non-compete agreements have…
Read MoreAttorney Chiung-Hui Huang Obtains Favorable Ruling by New York Appellate Court in Win for Small Business (Restaurant) Owner
A panel of judges from the New York Supreme Court, Appellate Division, reversed a previous ruling by a lower court in favor of a small minority restaurant business against its landlord. Represented by Attorney Chiung-Hui Huang, a restaurant owner prevailed against its landlord who had accused the tenant of abandoning commercial space, marking a win…
Read MoreNeil Henrichsen Named By Super Lawyers Magazine 2022 As Top Florida Business Litigation Lawyer
Neil L. Henrichsen has been named by Super Lawyers Magazine 2022 as a top Business Litigation lawyer in the State of Florida. For many years, the legal profession has charged businesses hourly fees for business dispute litigation where the law firm is paid win or lose. However, results oriented contingency or hybrid attorney fee arrangements…
Read MoreFederal Employee Wins at U.S. Supreme Court on Age Discrimination Claims
April 6, 2020—The U.S. Supreme Court today found that federal employers have broader anti-discrimination requirements under the federal Age Discrimination in Employment Act (“ADEA”) than private sector employers. Therefore, federal workers are entitled to broader protections in employment decisions as they must be “made free from any discrimination based on age.” Under the ADEA,…
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