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Nationwide Ban on Non-Compete Agreements: Requirements and Texas Court Decision Explained

Multimedia, Client Alert

Watch this Employment Law After Hours video to find out about the Federal Trade Commission’s (FTC) groundbreaking Final Rule that bans non-compete agreements nationwide. This video also explores the recent decision by the Northern District of Texas to enjoin and delay the implementation and enforcement of the Final Rule banning non-compete agreements nationwide.

This video covers:

  • Overview of the FTC’s Final Rule on non-compete agreements
  • Implications for employers and employees across the U.S.
  • Analysis of the Northern District of Texas’ injunction
  • Potential future developments and what they mean for you

Employment Law After Hours published a YouTube Podcast further explaining these statutes and their requirements. Click below to view the episode featuring BMD Labor & Employment Partner, Bryan Meek

For more information, contact Bryan at bmeek@bmdllc.com or 330.253.5586.


Employment Law After Hours VIDEO - Managing Difficult Employees: Performance Improvement Plans

Performance Improvement Plans are some of the best ways to improve employee performance when they are not meeting work expectations or violating company policies and employer rules. Yet, many employers utilize performance improvement plans incorrectly. Therefore, in this in-depth episode of Employment Law After Hours, we explore the best practices for performance improvement plans, as well as providing the supervisor/manager conversation demonstrations, and an ultimate demonstration of providing a performance improvement plan to an employee.

Employment Law After Hours VIDEO - COVID Religion Exemption Requests

Showing & Analyzing Employee Vaccine Religious Accommodations What are religions exemptions and accommodations for COVID-19? What is considered a religious exemption? Are religions exemptions different from religious accommodations regarding the COVID-19 vaccine? How can employees request a religious exemption? How can employees request a religious accommodation? Can employers or companies meet with employees requesting a religious accommodation? What occurs in these meetings? What other information do people, employees, and employers need to know about COVID-19 vaccination religious accommodation / exemption requests? These questions are arising more and more because of the recent Supreme Court decisions.

Employment Law After Hours VIDEO - Talking Pay with Your Co-Workers: Rules Prohibiting Employees from Comparing Wages and Salary

Do you have policies or other rules that employees cannot talk about their pay, wages, or other benefits at work? Such policies may be illegal under the National Labor Relations Act, as regulated by the National Labor Relations Board. In this episode, we discuss concerted activity, which is protected for employees under law, and what employers can do legally to encourage a culture where employees are more comfortable discussing their pay with human resources, rather than each other. The NLRB can be very strict when analyzing handbooks and other policies that even implicitly prohibit such employee discussions on pay, wages, and salaries. It is important that you conduct routine handbook audits to ensure that such policies are not violating the law, which could lead to penalties and fines.

Employment Law After Hours VIDEO - Working Off the Clock: Laws Requiring Payment for Work Performed After Shift Ends

Do employees get paid when they work off the clock after the end of their scheduled shift? What if an employee answers emails or text messages after work? Do companies or employers have to pay employees for answering emails or text messages at home? Do employers or companies have to pay for de minimis work time? Do you have to pay exempt (salary) employees for working from home? Do you have to pay non-exempt employees for working from home? Do companies have to pay overtime for working from home? These questions are answered by the federal Fair Labor Standards Act, which requires that non-exempt employees be paid at least minimum wage (and possibly overtime) for all hours worked, regardless of where and when those hours are worked. Always remember to check specific state laws regarding employee payments in your state.

Updated FAQs for the No Surprises Act - Good Faith Estimates

The No Surprises Act (“NSA”) became effective January 1, 2022. Meant to protect consumers from surprise medical bills, the new law is good for consumers, but vexatious for health care providers and facilities. One particular source of frustration is the operationalization of the Good Faith Estimate (“GFE”) requirement, governed by Part II of the regulations that implement the NSA. The GFE requirements apply broadly to all healthcare providers and facilities that practice within the scope of their state-issued license.