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Thomas A. DavisBlog Posts

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Full Eleventh Circuit Finds that Plaintiffs Lack Standing in Alabama Lawsuit Challenging State Prohibition of Local Minimum Wage Laws

In a closely-split decision by the full court of appeals, the Eleventh Circuit has held that the plaintiffs lacked standing to pursue their claims against the named defendants in the lawsuit, specifically, the Attorney General for the State of Alabama. As a result, the Court of Appeals had no authority to determine whether the plaintiffs’...… Continue Reading
December 16, 2019

Alabama Legislature Approves Equal Pay Law; Law Awaits Governor Signature

Yesterday, Alabama’s Governor, Kay Ivey, signed a new law that would prohibit employers from paying less for the same work on the basis of gender or race. After both the House and the Senate approved the bill, it was sent back with an executive amendment from Governor Ivey on May 30, 2019. Upon approval of...… Continue Reading
June 12, 2019

Eleventh Circuit to Undertake Full-Court Review of Challenge to Alabama Law Prohibiting Local Minimum Wage Laws

The Eleventh Circuit Court of Appeals has agreed to undertake a full-court review to decide the validity of a 2015 Alabama law prohibiting cities or other local municipalities from adopting their own laws concerning minimum wages, leave benefits, collective bargaining and other employment-related issues. The law was enacted in response to an ordinance passed by...… Continue Reading
February 4, 2019

Trial Court Finds Nothing Reasonable about Employee’s ADA Accommodation Request

A plaintiff’s demand that her supervisor adopt a less overbearing management style was an unreasonable accommodation request under the Americans with Disabilities Act, a federal district court in Florida has found. Hargett v. Florida Atlantic Univ. Board of Trustees, 2016 U.S. Dist. LEXIS 154822 (S.D. Fla. Nov. 8, 2016). The plaintiff, who suffered from epileptic … Continue Reading
May 2, 2017

Alabama Amends Non-Compete Statute

The Alabama legislature recently passed changes to Section 8-1-1 of the Code of Alabama, the provision which contains the state’s non-compete statute. Governor Bentley signed the new version of the statute and it will become effective January 1, 2016. While the new version does not drastically change the landscape of non-competes, there are several changes which … Continue reading Alabama Amends Non-Compete Statute
July 6, 2015

Alabama Signals Possible Expansion of Exemption for “Professionals” from Non-Compete Restrictions

Alabama does not enforce non-solicitation and non-compete agreements against professionals as that term is traditionally defined – to include, by example, physicians, lawyers, and accountants.  In G.L.S. & Associates, Inc. v. Rogers, 2014 Ala. Civ. App. Lexis 87 (2014), the Alabama Court of Civil Appeals recently opened up a possible expansion as to what qualifies as a … Continue reading Alabama Signals Possible Expansion of Exemption for “Professionals” from Non-Compete Restrictions
June 23, 2014

Should a Non-Compete be Signed Before or After Employment Begins? Answer: It Depends

The variation among states when it comes to non-compete law is a source of frustration for many employers.  And sometimes, similar facts can lead to opposite results depending on the jurisdiction.  A recent decision from the Southern District of Alabama, holding that a non-compete can only be signed after employment begins, shows how Alabama law … Continue reading Should a Non-Compete be Signed Before or After Employment Begins? Answer: It Depends
January 19, 2014