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The Employer Handbook Blog

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🚨 The Supreme Court Just Took Aim at Nationwide Injunctions. Could the FTC’s Noncompete Rule Rise from the Dead?

Most people didn’t connect the dots between last week’s Supreme Court decision in Trump v. CASA and the FTC’s ban on noncompetes. But maybe they should. The Court’s ruling didn’t mention employment law. It didn’t say a word about the FTC. But it did take a wrecking ball to the…

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The FMLA Trap You May Be Walking Into—Even When Fraud Seems Obvious

“He filled out the doctor’s section himself.” Sounds like fraud, right? Maybe. But if you fire someone on that hunch without following the FMLA’s rules, you could be the one in legal trouble. TL;DR A federal court refused to dismiss a lawsuit brought by a former employee who claimed he…

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What Delaware’s Latest Decision Teaches About Drafting Enforceable Noncompetes and Nonsolicits

Noncompetes are under pressure. Federal regulators have wanted to ban them. States like California, Minnesota, and Oklahoma already have. And even where they remain technically legal, courts are increasingly skeptical—especially when the restrictions go further than necessary. Because a large part of my practice involves reviewing employment and equity agreements…

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SCOTUS to Retirees: You Can’t Spell ADA Without a J-O-B

The ADA bars discrimination against employees with disabilities. But what if the discrimination doesn’t happen until after the employee retires? According to the Supreme Court, the ADA doesn’t follow you into retirement. TL;DR: A firefighter who retired early due to disability sued under the ADA after her post-retirement health coverage…

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Disclosed Menstrual Pain. Denied the Job. Now They’re Paying $48K to the EEOC.

A job candidate allegedly asked to reschedule an interview due to severe menstrual symptoms. She didn’t get the job. But she did get the EEOC’s attention—and a settlement. TL;DR: The EEOC alleged that a national fitness company violated the ADA and Title VII when it rejected a female applicant after…