Christine Townsend
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Articles by Christine Townsend
FTC Continues Commitment to Enforcement Actions to Cease Alleged Unfair Labor-Market Practices
Quick Hits On December 19, 2025, the FTC announced an enforcement action against business-to-business no-poach practices and issued a proposed order that would require building services contractor Adamas Amenity Services LLC and its affiliated businesses (Adamas) to cease enforcement of their anticompetitive no-hire agreements. The order was finalized on February 12, 2026.
Employer Compliance Watchlist: Key State Laws Effective January 1, 2026 | JD Supra
With the turn into the new year 2026, several state law changes affect wage and hour compliance, leave administration, onboarding practices, workplace notices, and even discrimination based on the use of artificial intelligence (AI), took effect as of January 1, 2026. Here is a rundown of some key new state laws across the United States.
Employer Compliance Watchlist: Key State Laws Effective January 1, 2026
Quick Hits Several new state laws that took effect January 1, 2026, significantly impact employer compliance in areas such as wage and hour regulations, leave administration, and workplace notices, requiring multistate employers to update policies and procedures accordingly.
Trends and Insights- Inside the Exclusive-Restrictive Covenants
Skip to main content October 28, 2025 Volume XV, Number 301 Legal Analysis. Expertly Written. Quickly Found.
Inside the Exclusive: Restrictive Covenants Under the Microscope-Trends and Insights
October 28, 2025 By Christine Bestor Townsend and Tobias E.
Hostile Work Environment Claims Under The ADEA: Lessons From The Seventh Circuit
OD Ogletree, Deakins, Nash, Smoak & Stewart More Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies. May an employee assert a hostile work environment claim under the Age Discrimination in Employment Act (ADEA)?
Hostile Work Environment Claims Under the ADEA: Lessons from the Seventh Circuit
Quick Hits The Seventh Circuit Court of Appeals joined multiple other federal courts of appeals in finding that hostile work environment claims are viable under the ADEA. As part of stating an age discrimination claim, an employee must establish that the complained-of conduct is based on his or her age. Speculative and conclusory allegations are not sufficient to support a claim of age-based harassment.
Fifth Circuit Upholds Enactment Of The Pregnant Workers Fairness Act
Quick Hits In State of Texas v. Bondi, the Fifth Circuit overturned a district court's injunction that had prevented enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas as an employer. The court found that the U.S. House of Representatives' use of proxy voting during the COVID-19 pandemic did not violate the U.S. Constitution's Quorum Clause.
Android VPN Apps Linked to Chinese Co (Qihoo 360) Tied to PRC
Researchers at Arizona State University and Citizen Lab have discovered that three families of Android VPN applications, used by millions of people worldwide, are related and owned by companies or individuals located in mainland China or Hong Kong with ties to the People’s Republic of China. The researchers analyzed numerous VPN apps and the number of Google Play Store downloads, including the Java code and security flaws of each app.
Fifth Circuit Upholds Enactment of the Pregnant Workers Fairness Act
On August 15, 2025, the U.S. Court of Appeals for the Fifth Circuit overturned a federal district court’s decision to block the enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas. Following the passage of the PWFA in 2022, the State of Texas sued to enjoin the law, arguing that the U.S. House of Representatives exceeded its authority in enacting the PWFA in violation of the U.S. Constitution’s quorum requirements.
USCIS Announces Changes to Good Moral Character Standard for Naturalization Applicants
Skip to main content August 21, 2025 Volume XV, Number 233 Legal Analysis. Expertly Written. Quickly Found. Trending News USCIS Announces Changes to Good Moral Character Standard for Naturalization Applicants Print Mail Download />i Facebook Linkedin Reddit X In an Aug. 15 policy memo, USCIS issued new guidance on how it will evaluate “good moral character” (GMC) for naturalization applicants.
Ohio's 2025 Sales & Use Tax Holiday
Every year, the state of Ohio has its sales tax holiday, where consumers will not pay any tax on back-to-school items and other purchases for a limited period (usually at least three days) during the year. This year, Ohio's expanded sales tax holiday will be held from 12:00 AM on August 1, 2025, until 11:59 PM on August 14, 2025.
EEOC's Abortion Accommodation Provision In PWFA Rule Vacated
Quick Hits The U.S. District Court for the Western District of Louisiana vacated the EEOC's final rule interpreting the PWFA to require elective abortion-related accommodations and removing abortion from the definition of a pregnancy-related medical condition. The ruling tracks a prior preliminary injunction ruling that found the EEOC exceeded its authority and evidence of congressional intent for the PWFA to apply to elective abortion lacking.
Court Vacates EEOC’s PWFA Rule on Elective Abortion Accommodation
On May 21, 2025, a federal judge for the U.S. District Court for the Western District of Louisiana vacated a portion of the Biden-era U.S. Equal Employment Opportunity Commission (EEOC) implementing the Pregnant Workers Fairness Act (PWFA) to require employers to reasonably accommodate employees who choose to have an abortion.
Iowa Governor Removes Gender Identity Protection Civil Rights
On Feb. 28, Iowa Gov. Kim Reynolds signed legislation making the state the first to remove anti-discrimination protections for gender identity from its civil rights code. Senate File 418, which takes effect on July 1, removes “gender identity” as a protected class in the Iowa Civil Rights Act, which prohibits discrimination in employment, wages, public accommodations, housing, education, and credit practices.
Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code | JD Supra
On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code. Quick Hits Iowa Governor Reynolds signed a bill into law that removes “gender identity” as a protected class under the state’s civil rights code. The law further defines gender as binary, requires birth certificates to indicate sex, and restricts teaching about “gender theory” from kindergarten through sixth grade.
FTC Launches Task Force to Protect Competition in Labor Markets, Scrutinize Noncompete Agreements | JD Supra
On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor markets and consumer protection, including targeting unreasonable noncompete agreements, no-poach, non-solicitation, and no-hire agreements, and unlawful use of diversity, equity, and inclusion (DEI) metrics.
Two Changes to the Affordable Care Act That Could Help Employers
Two recent developments make significant changes to Affordable Care Act (ACA) compliance, both effective immediately and offering important benefits for employers. Since ACA was first implemented, employers have been required to report their offers of health care coverage to employees by filing Form 1095-B or 1095-C with the IRS and providing a copy of the form to employees.
Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code
On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code. Quick Hits Iowa Governor Reynolds signed a bill into law that removes “gender identity” as a protected class under the state’s civil rights code. The law further defines gender as binary, requires birth certificates to indicate sex, and restricts teaching about “gender theory” from kindergarten through sixth grade.
Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code
Quick Hits Iowa Governor Reynolds signed a bill into law that removes “gender identity” as a protected class under the state’s civil rights code. The law further defines gender as binary, requires birth certificates to indicate sex, and restricts teaching about “gender theory” from kindergarten through sixth grade.
FTC Launches Task Force to Protect Competition in Labor Markets, Scrutinize Noncompete Agreements
On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor markets and consumer protection, including targeting unreasonable noncompete agreements, no-poach, non-solicitation, and no-hire agreements, and unlawful use of diversity, equity, and inclusion (DEI) metrics.
Eighth Circuit Rules States May Challenge PWFA’s Inclusion of Abortion as a ‘Related Medical Condition’
Seventeen Republican-led states can continue their lawsuit challenging parts of the federal Pregnant Workers Fairness Act (PWFA) after the U.S. Court of Appeals for the Eighth Circuit recently ruled the states have standing to sue and remanded the case back to the lower court. Quick Hits The U.S. Equal Employment Opportunity Commission (EEOC) published a final rule for implementing the PWFA , which took effect on June 18, 2024.
NLRB Acting General Counsel Rescinds Non-compete Labor Policy
Quick Hits On February 14, 2025, NLRB Acting GC William B. Cowen rescinded memoranda that deemed as violations of the National Labor Relations Act (NLRA) two categories of restrictive covenant agreements with non-supervisory/non-management employees: (1) non-compete agreements in employment contracts and severance agreements and (2) stay-or-pay agreements whereby employees are required to remain employees for a certain period of time or reimburse an employer certain moneys.
NLRB Acting General Counsel Rescinds Non-compete Labor Policy
Quick Hits On February 14, 2025, NLRB Acting GC William B. Cowen rescinded memoranda that deemed as violations of the National Labor Relations Act (NLRA) two categories of restrictive covenant agreements with non-supervisory/non-management employees: (1) non-compete agreements in employment contracts and severance agreements and (2) stay-or-pay agreements whereby employees are required to remain employees for a certain period of time or reimburse an employer certain moneys.
FTC and DOJ Jointly Issue ‘Antitrust Guidelines for Business Activities Affecting Workers’ on Eve of Trump Administration | JD Supra
Less than a week before the inauguration of President Donald Trump, the Federal Trade Commission (FTC) and U.S. Department of Justice’s (DOJ) Antitrust Division jointly published guidelines on assessing whether business practices affecting workers violate antitrust laws.
FTC and DOJ Jointly Issue ‘Antitrust Guidelines for Business Activities Affecting Workers’ on Eve of Trump Administration
Quick Hits On January 16, 2025, the FTC and DOJ issued their “Antitrust Guidelines for Business Activities Affecting Workers.” The guidelines identify five nonexhaustive types of agreements and policies that may constitute violations of antitrust laws by hindering commercial competition and restricting the free movement of employees. The dissenting statement issued by two FTC commissioners indicates the guidelines may be short-lived.
FTC and DOJ Jointly Issue ‘Antitrust Guidelines for Business Activities Affecting Workers’ on Eve of Trump Administration
Quick Hits On January 16, 2025, the FTC and DOJ issued their “Antitrust Guidelines for Business Activities Affecting Workers.” The guidelines identify five nonexhaustive types of agreements and policies that may constitute violations of antitrust laws by hindering commercial competition and restricting the free movement of employees. The dissenting statement issued by two FTC commissioners indicates the guidelines may be short-lived.
EEOC Ramps Up Enforcement of Pregnancy Discrimination Under PWFA | JD Supra
Just months after issuing its final rule implementing the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) has initiated multiple actions against employers for allegedly violating the PWFA. Quick Hits The EEOC has initiated multiple lawsuits under the PWFA, highlighting its commitment to addressing pregnancy discrimination and ensuring employers provide reasonable accommodations for pregnant employees.
EEOC Ramps Up Enforcement of Pregnancy Discrimination Under PWFA
Just months after issuing its final rule implementing the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission (EEOC) has initiated multiple actions against employers for allegedly violating the PWFA. Quick Hits The EEOC has initiated multiple lawsuits under the PWFA, highlighting its commitment to addressing pregnancy discrimination and ensuring employers provide reasonable accommodations for pregnant employees.
FTC Appeals Texas District Court Ruling that Blocked Noncompete Ban to Fifth Circuit | JD Supra
The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit. Quick Hits The FTC filed a notice of appeal to challenge an August ruling that set aside its noncompete ban with nationwide effect. The appeal comes after the FTC appealed a similar preliminary injunction ruling by a federal court in Florida.
FTC Appeals Texas District Court Ruling That Blocked Noncompete Ban to Fifth Circuit
The Federal Trade Commission (FTC) is appealing a Texas federal court ruling that struck down the FTC’s noncompete ban nationally, teeing the case up to be heard by the U.S. Court of Appeals for the Fifth Circuit. The FTC filed a notice of appeal to challenge an August ruling that set aside its noncompete ban with nationwide effect. The appeal comes after the FTC appealed a similar preliminary injunction ruling by a federal court in Florida.
Pennsylvania Company Drops Challenge to FTC Noncompete Ban
A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit leaves the fate of the ban to potential appeals from two federal court decisions, one in Florida and the other in Texas, that found in favor of the business plaintiffs.
Another Federal District Court Enjoins FTC Noncompete Rule, but the Rule’s Effective Date Still Looms | JD Supra
On August 14, 2024, a judge in the U.S. District Court for the Middle District of Florida ruled against the Federal Trade Commission’s (FTC) efforts to implement a nationwide noncompete ban. The Florida court’s decision aligns with a July 3, 2024, decision from the U.S. District Court for the Northern District of Texas, which also issued a preliminary injunction enjoining the FTC noncompete rule.
CFIUS Fines T-Mobile $60 Million Over Unauthorized Data Access and Breach Response
On August 14, 2024, the Committee on Foreign Investment in the United States (“CFIUS”) disclosed that it had assessed a $60 million penalty against T-Mobile US, Inc. (“T-Mobile”) in connection with unauthorized data access incidents following T-Mobile’s 2020 merger (the “Merger”) with Sprint Corporation (“Sprint”). CFIUS is a U.S. government interagency body with regulatory authority over certain investments by foreign persons in U.S. businesses that may pose risks to U.S. national security.
Another Federal District Court Enjoins FTC Noncompete Rule, but the Rule’s Effective Date Still Looms
Quick Hits On April 23, 2024, the FTC voted to adopt a final rule that will ban nearly all noncompete agreements in employment contracts. Two federal district courts have issued injunctions against the FTC rule, concluding that the agency likely acted improperly and outside its statutory authority in adopting the rule. However, the injunctions are limited to the parties in those cases.
Federal Court Delays EEOC's Pregnant Workers Fairness Act Abortion Accommodation In Louisiana, Mississippi
Quick Hits The U.S. District Court for the Western District of Louisiana issued a preliminary injunction blocking enforcement of the EEOC's final rule interpreting the PWFA to require abortion-related accommodations. The preliminary injunction applies to employers in Louisiana and Mississippi and to the four Catholic organizations that challenged the EEOC's final rule.
Federal Court Delays EEOC’s Pregnant Workers Fairness Act Abortion Accommodation in Louisiana, Mississippi | JD Supra
On June 17, 2024, a federal court in Louisiana issued a preliminary injunction blocking the enforcement in Louisiana and Mississippi of the portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule interpreting the Pregnant Workers Fairness Act (PWFA) to require employers to provide abortion-related accommodations.
Federal Court Delays EEOC’s Pregnant Workers Fairness Act Abortion Accommodation in Louisiana, Mississippi
On June 17, 2024, a federal court in Louisiana issued a preliminary injunction blocking the enforcement in Louisiana and Mississippi of the portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule interpreting the Pregnant Workers Fairness Act (PWFA) to require employers to provide abortion-related accommodations.
Federal Court Delays EEOC’s Pregnant Workers Fairness Act Abortion Accommodation in Louisiana, Mississippi
Quick Hits The U.S. District Court for the Western District of Louisiana issued a preliminary injunction blocking enforcement of the EEOC’s final rule interpreting the PWFA to require abortion-related accommodations. The preliminary injunction applies to employers in Louisiana and Mississippi and to the four Catholic organizations that challenged the EEOC’s final rule.
NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity | JD Supra
On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor rights in what could be the first NLRB ruling to find such provisions unlawful under the National Labor Relations Act (NLRA).
NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity
Quick Hits An NLRB judge found that an employer’s noncompete and nonsolicitation provisions in an employment agreement were unlawful for employees who were not supervisors or managers because they could chill the employees from engaging in activities protected by the NLRA. The ruling applied the NLRB’s most recent framework for evaluating work rules from the perspective of an employee who is economically dependent on the employer.
FTC's Ban On Non-Compete Agreements: Definitions, Prohibitions, Requirements, And Employer Considerations
On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and "workers" as "unfair method[s] of competition" and requires employers to refrain from enforcing most existing non-compete agreements.
FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations | JD Supra
On May 7, 2024, the Federal Trade Commission (FTC) published a final rule that effectively bans all non-compete agreements between employers and “workers” as “unfair method[s] of competition” and requires employers to refrain from enforcing most existing non-compete agreements.
FTC’s Ban on Non-Compete Agreements: Definitions, Prohibitions, Requirements, and Employer Considerations
Quick Hits The FTC’s final rule prohibiting most non-compete agreements involving “workers” applies to terms and conditions of employment that “prohibit[] a worker from, penalize[] a worker for, or function[] to prevent a worker” from seeking or accepting work in the United States or from operating a business.
FTC Adopts Final Rule Banning Employers From Entering Non-Competes
On April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule that effectively prohibits the use of almost all non-compete clauses. The FTC voted to approve a final rule that will effectively ban the use of non-compete clauses by employers and require employers to rescind existing such agreements, with the exception of existing agreements with senior executives.
FTC Adopts Final Rule Banning Employers From Entering Non-Competes
Quick Hits The FTC voted to approve a final rule that will effectively ban the use of non-compete clauses by employers and require employers to rescind existing such agreements, with the exception of existing agreements with senior executives. The final rule would apply to any contractual provisions that have the effect of prohibiting a worker from seeking employment. The rule includes an exception for non-compete agreements entered into as part of the sale of a business.
EEOC Unveils Final Rule Implementing Pregnant Workers Fairness Act
On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), clarifying employers' responsibilities under the act. The EEOC recently unveiled its final rule implementing the Pregnant Workers Fairness Act. The final rule is set to be published in the Federal Register on April 19, 2024, and the rule will take effect sixty days later on June 18, 2024.
FTC Announces Open Commission Meeting To Vote To Issue Final Rule Banning Noncompetes
On April 16, 2024, more than fifteen months after issuing a notice of proposed rulemaking that would ban noncompetes and nearly a year after the comment period closed, the Federal Trade Commission (FTC) announced it was poised to take action on the proposed ban. The FTC will hold an Open Commission Meeting on April 23, 2024, on its proposed rule that would ban noncompetes.
EEOC Ramps Up Enforcement of Pregnancy Discrimination Under PWFA
Quick Hits The EEOC has initiated multiple lawsuits under the PWFA, highlighting its commitment to addressing pregnancy discrimination and ensuring employers provide reasonable accommodations for pregnant employees. The PWFA, effective since June 27, 2023, mandates that covered employers provide reasonable accommodations for pregnancy-related conditions.
FTC Announces Open Commission Meeting to Vote to Issue Final Rule Banning Noncompetes | JD Supra
On April 16, 2024, more than fifteen months after issuing a notice of proposed rulemaking that would ban noncompetes and nearly a year after the comment period closed, the Federal Trade Commission (FTC) announced it was poised to take action on the proposed ban. Quick Hits The FTC will hold an open commission meeting on April 23, 2024, on its proposed rule that would ban noncompetes.
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