Labor & Employment Dispatch: November 2019

November 4, 2019 | Insights



FEATURED

The Workplace Mobility Act of 2019: Will Congress Ban Employee Non-Competes?

By David Schlottman

Non-compete agreements have a long, conflicted history under the law. In the first known case on the topic—John Dyer’s Case from 1414!—an English judge found that a non-compete agreement was an unenforceable restraint on trade. In the ensuing years, American law developed to its current state, where, with some exceptions, courts enforce reasonable non-compete agreements if they are justified by a legitimate business interest.

Fast-forward 600 years from John Dyer’s Case, and what was old is new again. On October 16, 2019, Senate Bill 2614, entitled the Workforce Mobility Act of 2019 (WMA), was introduced. If enacted, the WMA would ban nearly all employee non-competes in the United States, except for a limited category of non-competes entered into as part of certain business transactions.

While there are no threats of prison time (or fines to the king), the WMA would represent a return to the past and a radical restatement of non-compete law as currently exists in most states.


INSIGHTS

Millions of Employees Now Entitled to Overtime Under FLSA Final Rule

Effective January 1, 2020, the Final Rule culminates over three years of activity surrounding proposed updates to the salary threshold for the FLSA’s executive, administrative, and other exemptions that eliminate an employee’s entitlement to overtime premiums.


ICYMI: Generating Ideas at the 2019 Dallas Labor & Employment Symposium

For the 21st consecutive year, the Dallas Labor & Employment Law Symposium covered the latest in labor and employment law—from the #MeToo movement to how HR controls and uses privacy, data security, AI, and SM.


‘How we got here’: Tracing the Origins of the New York Convention and the Supreme Court’s Interpretation

Adopted more than 60 years ago, the New York Convention and its meaning continue to be debated and refined today in jurisdictions around the world, Lonnie Schooler noted in an article contributed to Dispute Resolution Magazine.

“In the 49 years since the United States’ accession to the New York Convention, the pace of judicial review of international arbitration awards in American courts has increased dramatically, reflecting the global economy and the rapid acceleration of the popularity of international arbitration as a means of resolving disputes encompassed by the Convention.”


ATTORNEY NEWS

Jackson Walker Congratulates Jamila Brinson, Scott Fiddler, and Dawn Holiday on Receiving Awards for Diversity and Inclusion Efforts

At Jackson Walker, our values stem from our goal of creating a positive impact in all that we do. As our attorneys foster and promote diversity within the Firm and the communities where we live and work, we strive to elevate the legal profession through our efforts to recruit, retain, promote, and celebrate a more diverse and inclusive team.

In recognition of that commitment, the National Diversity Council (NDC) recognized labor and employment litigation attorneys Jamila Brinson, Scott Fiddler, and Dawn Holiday as prominent leaders in the legal community who embody and champion diversity.


FIRM HIGHLIGHTS

Jackson Walker earned 61 Tier 1 rankings in the 2020 edition of the U.S. News – Best Lawyers “Best Law Firms,” with 27 national recognitions and 101 regional recognitions across 62 practice areas.

For the eighth consecutive year, Jackson Walker was honored as a Champion of Justice Law Firm for raising one of the highest amounts of money in the “Large (76+)” category in the Justice for All Campaign.