November 2016 L&E Update from Baker Donelson

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Jennifer L. Anderson, Kathlyn Perez, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update

Sweater weather is almost here and Thanksgiving is right around the corner, but it's not time to kick back and relax with a plate full of turkey just yet. Between the Supreme Court reviewing a student transgender bathroom access case, an Antitrust Guidance for HR Professionals and the President's call to action on non-competes, there is plenty to keep you busy this month. Don't forget to also check out this issue's Immigration Update.

United States Supreme Court to Review Student Transgender Bathroom Access Case

Christopher G. Morris, 225.381.7006,

On October 28, 2016, the Justices of the United States Supreme Court announced that they would hear the appeal of the Gloucester County School Board's appeal from the United States Court of Appeals for the Fourth Circuit in the matter of Gloucester County School Board v. G.G. The plaintiff in the lawsuit is Gavin Grim, a 17-year-old transgender boy who has been diagnosed with gender dysmorphia, a condition characterized by clinically significant distress caused by an incongruence between a person's gender identity and the person's birth-assigned sex. In his lawsuit, Mr. Grim claims that a school policy banning him from using the boys' restroom impermissibly discriminates against him in violation of Title IX of the Education Amendments Act of 1972 as well as the Equal Protection Clause of the United States Constitution. Keep reading to find out more.  More...

Barack Calls for a Block: A White House Call to Action on Non-Competes

Samuel P. Strantz, 901.577.8261,

In March 2016, a Treasury Department report, "Non-Compete Contracts: Economic Effects and Policy Implications," which borrowed facts and conclusions mostly from limited, non-public studies, concluded that there is pervasive misuse of non-competition agreements, particularly with lower wage earners. What's next? Read on.  More...

Immigration Update

Miriam Thompson, 404.443.6723,
Melanie C. Walker, 423.209.4201,

Keep reading to track newsworthy developments in the ever-changing world of business immigration and its impact on employers and employees.  More...

FTC and DOJ Warn HR Professionals Against Anticompetitive Hiring and Compensation Agreements

Amelia W. Koch, 504.566.5222,
Robert E. Hauberg Jr., 601.351.2455,
Ashley E. Arnold, 504.566.5257,

On October 20, 2016, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) issued a joint Antitrust Guidance for Human Resources Professionals to address antitrust issues associated with hiring and compensation decisions. Who should take note of the Guidance? Read on to find out.   More...