Increased Salary Thresholds for Fair Labor Standards Act Exemptions Will Not Go Into Effect on January 1, 2025

by Shannon Middleton

A federal court in Texas issued a nationwide injunction setting aside a Department of Labor regulation increasing salary thresholds for the white collar exemption and highly compensated employees set to go into effect on January 1, 2025. The salary thresholds had increased on July 1, 2024 and were set to increase again on January 1, 2025 with automatic increases every three years.

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What To Do When A Spouse Passes

by Andy Gutwein

When the first spouse passes away, whether expected or not, it’s a difficult time for the surviving spouse. Contacting family members, making funeral arrangements, and of course, the grieving process are mentally and emotionally draining. But on top of all that, there are also legal concerns to consider when a spouse passes away.

What does a surviving spouse need to do from a legal perspective? Well, it will depend on the nature of the assets owned by the deceased spouse, and it will depend on how well the couple had planned. There may be a lot of material to process, so it typically helps to prioritize.

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UPDATE: The FTC Non-Compete Ban has been Enjoined Nationwide

by Shannon Middleton

As an update to our previous blog posts (FTC Bans Noncompetes  and  Noncompete Update), the Federal Trade Commissions' non-compete rule has been enjoined.

Just two weeks before the Federal Trade Commission's ("FTC") rule to federally ban non-competes was to go into effect (the "Final Rule"), on August 20, 2024, a Texas federal judge issued a nationwide injunction which barred the implementation of the Final Rule. The court held that the FTC lacked statutory authority to adopt the Final Rule and creation of the Final Rule was an unlawful agency action by the FTC.

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Six Gutwein Law Attorneys Named to 2025 Best Lawyers® List

by Gutwein Law

Gutwein Law would like to congratulate six of its attorneys for being named to The Best Lawyers in America 2025 list. Lawyers included in the list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional knowledge and experience, and undergo an authentication process to make sure they are in current practice and in good standing.

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Employers Should Prepare This Month for New FTC Ban on Noncompete Clauses

by Shannon Middleton

We previously prepared a blog post to notify businesses of the new Federal Trade Commission rule banning noncompete clauses effective September 4, 2024 (“Effective Date”). While we are still watching legal challenges to the rule, if it goes into effect on the Effective Date, employers must have taken action to notify workers of unenforceable non-compete clauses before the Effective Date.

Gutwein Law is ready to help you prepare for the new rule. We have created a checklist to assist your business with analyzing existing policies and agreements and determining notice recipients. We recommend businesses consult with us to begin these preparations, draft the required notices, and coordinate the timing for sending the notices given the pending legal challenges. Please reach out to us to discuss these important preparations.

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