(908)402-4770
Well, the FTC is one for two. So far. On July 3, 2024, a federal judge in the Northern District of Texas partially blocked the new FTC rule banning non-compete agreements from taking effect. In a 33-page decision, U.S. District Judge Ada Brown, appointed by former President Trump, conducted an exhaustive review of the background and purported powers of the FTC. The Court set forth in some detail the case law regarding the issuance of … [Read more...] about Federal Trade Commission Approves New Non-Compete Clause Rule
Employment Discrimination/Wrongful Termination
New Jersey Supreme Court Limits Use of Non-Disparagement Clauses
On May 7, 2024, the New Jersey Supreme Court issued a unanimous decision in Savage v. Neptune Twp., et al. The Supreme Court held that non-disparagement clauses drafted for the purpose or effect of concealing the details of discrimination, retaliation, or harassment are illegal in New Jersey and cannot be included in settlement agreements or employment contracts. The court ruled that such clauses violate New Jersey’s public policies, as … [Read more...] about New Jersey Supreme Court Limits Use of Non-Disparagement Clauses
Supreme Court Eases Path for Discriminatory Transfer Claims
On April 17, 2024, the U.S. Supreme Court issued an important decision in Muldrow v. City of St. Louis, Missouri. The Court ruled that under Title VII of the Civil Rights Act of 1964, employees who experience discriminatory job transfers don’t need to show that their harm was significant—only that there was some harm to their job conditions. The plaintiff, Jatonya Muldrow, was a sergeant in the St. Louis Police Department. She claimed her … [Read more...] about Supreme Court Eases Path for Discriminatory Transfer Claims
Federal Trade Commission Approves New Non-Compete Clause Rule
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to approve the Non-Compete Clause Rule in its final form. The rule, first proposed in January 2023, was passed pursuant to President Biden’s 2021 “Executive Order on Promoting Competition in the American Economy,” effectively prohibits the use of almost all non-compete clauses across the country. The rule will supersede any state rules or regulations to the contrary. According to … [Read more...] about Federal Trade Commission Approves New Non-Compete Clause Rule
A Win for Retired Law Enforcement Officers in New Jersey
The Third Circuit Court of Appeals recently handed down an important decision for retired law enforcement officers in New Jersey and their right to carry firearms. Background In May 2020, the Federal Law Enforcement Association, the New Jersey Fraternal Order of Police, and three individual retired New Jersey law enforcement officers sued the New Jersey Attorney General and Superintendent of the State Police in New Jersey Federal Court. The … [Read more...] about A Win for Retired Law Enforcement Officers in New Jersey
FTC Proposal to Ban Non-Compete Agreements Nation-Wide
In a seismic move, the Federal Trade Commission (FTC) sent shockwaves through the business community with its January 2023 announcement of a proposed rule that, if adopted, would dramatically reshape the landscape of non-compete agreements nationwide. The FTC proposal to ban non-compete agreements nationwide marks a significant departure from the current realm of restrictive covenants in most states, including New Jersey. According to the U.S. … [Read more...] about FTC Proposal to Ban Non-Compete Agreements Nation-Wide