The United States Supreme Court’s 2023-2024 term proved to be monumental. The Court issued several decisions that will have long and lasting impact on the practice of employment law and on the power of federal administrative agencies. In today’s blog post we will take...
Lockaby PLLC Law Blog
FTC’s Final Rule on Non-Competes
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a Final Rule prohibiting the use of non-compete agreements for most of the American workforce. While the Final Rule will not go into effect until 120 days after its publication in the Federal Register, and...
Biden’s Paid Leave Proposal
President Joe Biden recently revealed his plan for an established national paid family and medical leave program in 2025. This program will be administered by the Social Security Administration. This program would give eligible employees as many as 12 weeks of leave....
Key Components of an Employment Contract
Employment contracts are a key component to business operations and workforce management, as they allow employers to define the terms and conditions of the employment relationship with certain employees. Despite their importance, all too often employers don’t seek...
Can a Job Transfer be a Discriminatory Action? Supreme Court Considers new Title VII Case
In employment discrimination cases, employees must prove that they suffered an “adverse employment action.” For years, the court’s did not consider an employer’s transfer of an employee—to another position, to another shift—an “adverse employment action.” However, the...
Is it time to face economic reality? Kentucky Supreme Court Adopts Economic Realities Test for Classifying Employees in Workers’ Compensation Cases
The Supreme Court of Kentucky recently amended its test for determining whether an individual is an employee or independent contractor under the Kentucky Workers’ Compensation Act. In Oufafa v. Taxi, LLC, a taxi driver was shot by a passenger and suffered permanent...
NLRB Issues New Rule Expanding Definition of Joint Employment
On October 26, 2023, the National Labor Relations Board (“the Board”) issued a final rule setting forth the standard by which the Board will determine if two or more employers are considered joint employers under the National Labor Relations Act (“NLRA”). Set to take...