Kwall Barack Nadeau PLLC

The Federal Trade Commission's (FTC) much-anticipated non-compete rule was scheduled to take effect on September 4, 2024, but a recent decision by a federal judge in Texas has put those plans on hold.

FTC Non-Compete Rule Delay: What Tampa Employees Need to Know FTC non-compete rule, Tampa employees, non-compete agreements, Florida Statute 542.335, federal judge decision, employment law, Florida non-compete laws, job mobility, legal rights.

Fifth Circuit Vacates Important DOL Rule Weakening Protections for Tipped Workers Nationwide.

Fifth Circuit's Decision Weakens Protections for Tipped Workers Fifth Circuit's decision weakens protections for tipped workers, affecting restaurant employees in Tampa, Florida. Learn about the impact on wages and worker rights.; Tampa, Florida, tipped workers, Fair Labor Standards Act, FLSA, Department of Labor, DOL, tip credit, restaurant industry, worker rig...

ALERT Texas Federal Judge Strikes Down Non-Compete Rule. Holds that rule is not enforceable nationwide.

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On August 20, 2024, the FTC sent out a short email reminding the country that most noncompete agreements are going away on September 4, 2024.
1. No noncompetes in the future.
2. Give notice that noncompetes are unenforceable.
3. Do not enforce existing noncompetes.

FTC Sends Email Regarding Noncompetes FTC noncompete ban Noncompete agreements September 2024 Noncompetes unenforceable Federal Trade Commission noncompete rule Employment contract noncompete Noncompete rule compliance Noncompete rule effective date FTC noncompete compliance guide Noncompete enforcement ban Legal changes noncompete agre...

At Kwall Barack Nadeau, we believe in the power of community and creativity. Our latest initiative combines these values in a vibrant and eye-catching way: a beautiful mural now graces the side of our building, capturing the spirit of the Tampa Bay area.

Celebrating Art and Law: Kwall Barack Nadeau Unveils Stunning New Mural "Rays" Kwall Barack Nadeau, Rays mural, Annie D**g, Clearwater mural, Tampa Bay art, legal services, employment law, labor law, community involvement, local artist, art and law, vibrant art, community engagement, Tampa Bay area, KBN Mural, justice, unity, progress, local culture, butterfly mural, orange mu...

Ryan Barack Authors Friend of Court Brief in Important Non-Compete Case

Ryan Barack Authors Florida NELA Amicus Brief on Non-Compete Agreements Ryan Barack, Kwall Barack Nadeau PLLC, Florida NELA, amicus brief, non-compete agreements, FTC Non-Compete Clause Rule, employment law, employee rights, fair competition, legal advocacy, Properties of the Villages Inc. v. Federal Trade Commission, Florida employment law, workplace mobility, economic...

Ryan Barack was interviewed by WFLA about the Hillsbough County Board of County Commissioners bad faith in refusing to put rhe tax referendum on the ballot.

Judge sets deadlines in fight to put Hillsborough tax increase on ballot A judge gave the Hillsborough County Commission until Friday to answer the school board amidst a civil lawsuit they filed when the commission pushed back a proposed school funding referendum until …

PA Court upholds FTC Non-Compete Rule

Landmark Decision: FTC's Non-Compete Clause Rule Upheld - A Win for Employee Rights | ATS Tree Services, LLC v. FTC Discover how the ATS Tree Services, LLC v. FTC case upholds the FTC's Non-Compete Clause Rule, marking a significant victory for employee rights and job mobility. Learn about the implications for workers and employers.

What’s the current status on the FTC’s non-compete rule?
(Link in comments).

Something new and exciting is coming to this big wall.

He changed his name and he got interviewed.

Black man only got job interview after using White-sounding name, lawsuit says Dwight Jackson alleges that he repeatedly applied to work at Detroit’s Shinola Hotel but never got an interview until he changed the name on his résumé.

Kwall Barack Nadeau is fighting to get these employees the wages they are due.

Drug Rehab Workers Seek Back Pay A top executive at a for-profit drug rehab company sought to reassure hundreds of employees -- including more than 160 in New Haven -- who hadn't been paid in weeks. They needed to hear from…

Today is the 60th Anniversary of the Civil Rights Act of 1964, the main law outlawing discrimination in the United States.

"Together, we can create an America where everyone can thrive at work without fear of discrimination based on who they are, what they believe, or who they love. On this 60th anniversary of the Civil Right Act of 1964 and every day, I am honored to lead an agency that seeks equality and justice for all." - EEOC Chair Charlotte A. Burrows

Use the link to read Chair Burrows' full Civil Rights Act anniversary message: https://www.eeoc.gov/wysk/message-eeoc-chair-charlotte-burrows-60th-anniversary-civil-rights-act

Starting July 1, 2024, significant changes to the Fair Labor Standards Act (FLSA) will take effect, primarily concerning overtime pay regulations:

1. Salary Threshold Increase: The standard salary level for exemption from overtime pay will increase to $844 per week, equivalent to $43,888 per year. This is a notable increase from the current threshold of $684 per week ($35,568 per year). On January 1, 2025, this threshold will further rise to $1,128 per week ($58,656 per year).

2. Highly Compensated Employees: The total annual compensation requirement for highly compensated employees will increase to $132,964 per year starting July 1, 2024. This will further increase to $151,164 per year on January 1, 2025.

3. Regular Updates: Beginning July 1, 2027, the salary thresholds will be updated every three years to reflect current earnings data, ensuring they stay in line with wage growth and economic changes.

These changes aim to extend overtime protections to more lower-paid salaried workers, ensuring they receive fair compensation for hours worked beyond the standard 40-hour workweek. Employers will need to review and possibly adjust their payroll practices to comply with the new regulations. The Department of Labor has emphasized that these adjustments will help restore and extend overtime protections to millions of workers who have been undercompensated for their overtime work.

The 11th Circuit held that Family and Medical Leave Act does not protect a father who spent 4 days waiting for their child’s birth.

The case Tanner v. Stryker Corporation (No. 22-14188) involves Tristan Tanner appealing the district court's decision to grant summary judgment in favor of Stryker Corporation, his former employer. The appeal focuses on Tanner's claims of interference with his rights under the Family and Medical Leave Act (FMLA) and retaliation for exercising those rights.

Background:
Employment and Policies: Tanner worked for Stryker as a "Hub Material Handler II" in Tampa, Florida, responsible for handling surgical equipment. Stryker's employee handbook outlined attendance policies with occurrence points for various absences and specific FMLA and parental leave provisions.
Leave Request: Tanner requested paternity leave starting on July 26, 2021, anticipating the birth of his child around early August. Stryker approved his FMLA and parental leave to begin from the actual birth date of his child.
Key Events:
Pre-Birth Absences: Tanner was absent from work before the birth of his child, using up his paid time off (PTO) and sick leave. He accrued occurrence points for unexcused absences as he waited in Connecticut for the child's birth.
Termination: Tanner's child was born on August 19, 2021. On August 20, Tanner was terminated due to the accumulation of eight occurrence points, exceeding the threshold for termination as per Stryker's attendance policy.
Legal Claims:
FMLA Interference and Retaliation: Tanner sued Stryker, claiming interference with his FMLA rights and retaliation. The district court ruled in favor of Stryker, concluding that Tanner was not entitled to FMLA leave for the days he was absent before his child's birth.
Court's Analysis:
FMLA Coverage: The court held that the FMLA does not cover an expectant parent's pre-birth absences unless under specific conditions (e.g., prenatal care, caring for an incapacitated pregnant spouse). Tanner's pre-birth absences did not qualify under these exceptions.
Retaliation Claim: Although Tanner established a prima facie case of retaliation, Stryker provided legitimate, non-discriminatory reasons for termination (accumulation of occurrence points). Tanner failed to show that these reasons were pretextual.
Interference Claim: The court found that Stryker would have terminated Tanner regardless of his FMLA leave, establishing an affirmative defense.
Conclusion:
The Eleventh Circuit Court affirmed the district court's summary judgment in favor of Stryker, finding no genuine issue of material fact regarding FMLA retaliation or interference.

For further details, refer to the full court opinion

media.ca11.uscourts.gov

With great sadness we announce the passing of Lou Kwall. May his memory be a blessing.

Obituary information for Louis Kwall View Louis Kwall's obituary, contribute to their memorial, see their funeral service details, and more.

Ryan Barack was quoted by Politifact speaking about poll watching.

Ask PolitiFact: What can a poll watcher do and not do? Former President Donald Trump frequently says that the 2024 election needs to be "too big to rig" — a kind of get-out-th

The Federal Trade Commission announced today that in 120 days from its publication in the Federal Register most non-competes will be outlawed.

Also, the Department of Labor announced that on July 1, 2024, the standard salary level for employees to be considered exempt will be raised to $43,888 per year and for highly compensated employees, the annual compensation level to be exempt from overtime pay will be $132,964.

Ryan Barack will be sharing his insights on the First Amendment during a panel discussion, offering a unique perspective on the subject.

Register for this panel discussion with Joanne Adamchak, deputy general counsel at University of South Florida; Ryan Barack, managing member at Kwall Barack Nadeau PLLC; Jami Isani, partner at Hunton Andrews Kurth; and James Lake, partner at Thomas & LoCicero PL, moderated by Casey Welch, executive director of USF Institute for Leadership and Public Policy. https://ow.ly/r92m50RmlAW

90% of most office jobs is responding to emails.

In a groundbreaking move, Dartmouth college basketball players have voted overwhelmingly to form a union, paving the way for them to negotiate better working conditions.

Dartmouth Players Vote for Union in First for College Sports (1) The Dartmouth College men’s basketball team has voted to unionize with the Service Employees International Union, becoming the first group of organized student athletes in the nation.

Fire Chief, who was had been cleared in complaints, is then photographed holding coffee cup that says Go Ahead, Call HR. And is now allowed to resign.

Did coffee mug photo lead to St. Petersburg fire chief’s retirement? Mayor Ken Welch said he told James Large a post on social media, which displayed wording some viewed as a taunt, showed “poor judgment.”

On 9/30/23 Florida's minimum wage will increase to $12 for non-tipped employees. Florida Policy Institute ha a dashboard that shows the difference between a minimum wage and a living wage.

Florida by the Numbers: Minimum and Living Wage Dashboard Far too many Floridians struggle to make ends meet at a $12 wage.

The National Labor Relations Board and the federal courts have taken an FAFO approach.

https://www.nlrb.gov/news-outreach/news-story/us-circuit-court-directs-us-marshals-to-take-haven-salon-spa-corporate

U.S. Circuit Court Directs U.S. Marshals to Take Haven Salon + Spa Corporate Officials into Custody for Refusing to Comply with Board’s and Court’s Orders On September 1, 2023, the United States Court of Appeals for the Seventh Circuit (the Court) issued a “writ of body attachment”, directing the United States Marshals Service to take two corporate officials of Haven Salon + Spa in Muskego, Wisconsin into custody until they comply with the Court.....

Kwall Barack Nadeau is honored to represent the unionized employees at James Haley VA who are fighting to ensure our veterans get the quality healthcare they deserve.

Pharmacists at Tampa veterans hospital complain of understaffing and burnout Pharmacists in government employees union warn that patient safety is being compromised by management leaving positions vacant.

The NLRB General Counsel has issued a memo that most non-compete agreements violate the National Labor Relations Act.

“They’re willing to destroy a top 10 restaurant in order to keep the union from from coming into the hotel,” said a union official.

Chef Kevin Tien's Moon Rabbit Restaurant To Close Its Doors Tien hinted that Moon Rabbit, the modern Vietnamese restaurant he created at the Wharf, may reopen elsewhere.

Adam Conover explaining the power of a picket line. Don’t be a scab, don’t cross the line.

Adam Conover on TikTok Have you ever wondered why striking workers will focus on stopping trucks? -

LISTEN IN: Join Ryan Barack tomorrow Wednesday, May 3 at 10 am on MidPoint on WMNF Radio 88.5 fm and wmnf.org. In honor of May Day, he will be discussing the Florida legislature’s attack on employee rights.

WMNF 88.5 FM - Community Conscious Radio Member-sponsored, Non-commercial FM community radio station serving the Tampa Bay area since 1979 with diverse programming, news and public affairs.

"Florida law is awful for employees on non-competes, it's really the worst in the country," Ryan Barack said.

Ryan Barack was interviewed about the Federal Trade Commission’s efforts to ban noncompetes.

FTC considers ban on non-competes, 30M people to be impacted The Federal Trade Commission recently extended its public comment period.