NLRB Withdraws Appeal Challenging the Decision to Vacate the Joint Employer Rule

On October 27, 2023, the National Labor Relations Board (“NLRB”) published a Final Rule (“New Rule”) concerning the joint-employer standard. The New Rule was delayed more than once due to legal challenges and on March 8, 2024, a federal court in Texas vacated the New Rule. On May 7, 2024, the NLRB filed an appeal to the Fifth Circuit seeking to reverse the Texas court’s decision. However, on July 19, 2024, the NLRB voluntarily dismissed this appeal.

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Caroline SecolaNlrb, Labor
Texas Court Issues Limited Injunction to Non-Compete Rule

On April 23, 2024, the United States Federal Trade Commission (“FTC”) voted in favor of a Final Rule banning nearly all non-compete agreements, with limited exceptions related to the sale of a business and certain pre-existing agreements with senior executives.  Since that time, the Final Rule became subject to different challenges, including by Ryan LLC, the U.S. Chamber of Commerce (who intervened in the Ryan suit), and ATS Tree Services, LLC (E.D.PA).  On July 3, Judge Ada E. Brown of the Northern District of Texas ruled in Ryan LLC v. Federal Trade Commission that while the FTC has the power to prevent unfair methods of competition through administrative proceedings, “Congress did not explicitly give the [FTC] substantive rulemaking authority.”

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New York Mandates Paid Leave for Prenatal Medical Appointments and Paid Breaks for Breast Milk Expression

Last month, New York State passed its budget for fiscal year 2025. The budget expanded New York State’s Paid Sick and Safe Leave Law to require that employers provide 20 hours of paid leave to employees for prenatal medical care, and amended the New York Labor Law to require that employers provide paid break time for employees to express breast milk following childbirth. 

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