The Federal Trade Commission (“FTC”) just approved a rule that would largely prohibit making or enforcing employee noncompete agreements. The U.S. Chamber of Commerce and others have already sued to block the new rule. What...more
Early last year, the U.S. Federal Trade Commission (“FTC”) proposed a rule banning non-compete agreements nationwide. Yesterday, the FTC voted 3 to 2 in favor of adopting this rule....more
In wrongful termination cases in the U.S., the primary source of liability for employers is an employee’s alleged lost wages. Under U.S. law, an employee who is terminated for a discriminatory or a retaliatory reason is...more
Companies utilizing noncompete agreements in the U.S. in the employment context should reevaluate their practices in light of recent changes to law and a rapidly changing legal landscape that is growing increasingly hostile...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) has released guidance confirming that employers face potential liability if they use AI tools to screen applicants in a way that disproportionately impacts employees...more
Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more
4/18/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Release Agreements ,
Section 7 ,
Separation Agreement ,
Severance Agreements ,
Termination
With economists predicting a recession in the coming year, many employers are considering downsizing their operations. In planning for and implementing such reductions, employers should be aware of the risk of litigation...more
Several U.S. states have been adopting more complex pay transparency laws and stricter equal pay statutes that prohibit employers from paying two employees differently to perform the same role based on factors such as race or...more
In order to address income disparities and employer discrimination, a growing number of jurisdictions in the U.S. have implemented salary transparency laws that not only require disclosure of certain salary information during...more
On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC”) released additional guidance for employers navigating their way through employee requests for religious exemptions from COVID-19 vaccine mandates. The...more
Figuring out when you have to pay employees for travel time can be tricky in any state. A Washington Court of Appeals just held that the rules for determining when travel time is compensable are significantly more employee...more
On August 13, 2021, the United States Occupational Safety and Health Administration (“OSHA”) released updated guidance on mitigating and preventing the spread of COVID-19 in the workplace to reflect changes in the Centers for...more
On August 18, 2021, Governor Jay Inslee announced the reinstatement of the indoor mask mandate for all Washingtonians. The mask mandate goes into effect on Monday, August 23, 2021....more
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released the first nationwide workplace safety rule in response to the COVID-19 pandemic. OSHA’s guidance is only binding on healthcare employers....more
On May 28, 2021, the United States Equal Employment Opportunity Commission (“EEOC”) released new guidance regarding COVID-19 vaccinations in the workplace. The new guidance clarifies some significant issues, including whether...more
Two former employees of Cresco Labs have filed a collective and class action complaint in Illinois federal court, alleging that their employer failed to compensate its employees for time spent putting on and taking off...more
The workplace safety framework in the United States is difficult to navigate at its best. Since the beginning of the COVID-19 global health emergency, employers have faced increasingly complex challenges involving...more
2/25/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Public Health Emergency ,
Vaccinations ,
Waiver of Liability ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
With the December 31, 2020 expiration of the Families First Coronavirus Response Act (“FFCRA”) fast approaching, on December 28 President Trump signed into law the Consolidated Appropriations Act of 2021 (the “CAA”). Although...more
The United States is currently experiencing the largest surge in COVID-19 cases since the global health emergency began. In the past several weeks, the United States Food and Drug Administration (“FDA”) granted emergency-use...more
12/30/2020
/ Americans with Disabilities Act (ADA) ,
Canada ,
Civil Rights Act ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Religious Accommodation ,
Title VII ,
Unions ,
Vaccinations ,
Workplace Safety
With the United States experiencing the largest surge in cases since the COVID-19 crisis began, the Food and Drug Administration (“FDA”) recently granted emergency-use authorization of Pfizer’s and Moderna’s COVID-19...more
The United States Department of Labor (DOL) has issued a proposed rule addressing the definition of “independent contractor” in the context of the Fair Labor Standards Act (FLSA). Canadian companies with a presence in the...more
On August 3, 2020, the Federal District Court for the Southern District of New York issued a decision in State of New York v. United States Department of Labor, et al. In this case, the State of New York claimed that the...more
On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more
As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19 cases surge....more
7/22/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
EDD ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
NLRA ,
OSHA ,
Popular ,
Re-Opening Guidelines ,
Risk Management ,
State and Local Government ,
Workplace Safety
Since the Families First Coronavirus Response Act (“FFCRA”) was passed into law on March 18, 2020, crucial questions about the Act’s requirements have remained unanswered. Yesterday (on March 26, 2020), the United States...more