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The recent FTC legal moves are the next steps after initially appealing on Oct. 18 the decision by Judge Ada Brown in Ryan that barred the final rule’s nationwide implementation and determined: ;The FTC does not have the statutory authority to engage in competition-related rulemaking, and; ;The noncompete rule is “arbitrary” and “capricious.”; Brief Points to Misinterpretations, Missteps The FTC posited in its Jan. 2 appellate brief that Brown and the district court in Texas incorrectly determined the commission overstepped its legal authority in issuing a rule banning noncompete agreements.

Zabawa cautioned, however, that trying to treat alcohol use similar to tobacco use when it comes to employee wellness programs that incentivize abstinence could be legally risky, as alcoholism is considered a disability under the Americans with Disabilities Act (ADA).

In the August Ryan verdict, Judge Ada Brown sided with the plaintiff (a tax software and services firm) and barred nationwide implementation of the FTC final rule by determining that: The agency does not have the statutory authority to engage in competition-related rulemaking, and;The noncompete rule is “arbitrary” and “capricious.”; In Ryan and in two related cases ( ATS Tree Services LLC v.

That take would be nearly identical to that of Judge Ada Brown, who presided over the Texas court case.

And, if employers are offering vaccinations onsite, EEOC requirements under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) come into play when the employer or its agent is facilitating the vaccine.

Amazon’s Return to Office Mandates Spark Disability Concerns As Amazon calls more employees back to the office , some workers are alleging the e-commerce company is violating the Americans with Disabilities Act (ADA).

The Aug. 20 decision by Judge Ada Brown, presiding in the U.S.

“In some organizations, reasonable accommodations for individuals with disabilities may fall under DEI programmatic efforts and would be retained to comply with the Americans with Disabilities Act [ADA],” she said.

The Act, which took effect June 27, effectively patches a legal gap between the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA) in which pregnant women could fall through the cracks in the workplace, reported CBS News .

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