The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v....more
9/6/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
SCOTUS ,
Texas ,
Unfair or Deceptive Trade Practices
The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more
5/7/2024
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corrective Actions ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Gender Identity ,
Harassment ,
Hostile Environment ,
LGBTQ ,
Reasonable Accommodation ,
Retaliation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII
The U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), which became law on June 27, 2023. Employers previously relied on...more
4/19/2024
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
New Legislation ,
Notice Provisions ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
State Labor Laws
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment. The last EEOC guidance on workplace harassment was issued in 1999. The public will...more
10/5/2023
/ Anti-Harassment Policies ,
Birth Control ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
Proposed Regulation ,
Releases ,
Religious Discrimination ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Harassment Guidance
On August 7, 2023, the US Equal Employment Opportunity Commission (EEOC) issued proposed rules for implementing the Pregnant Workers Fairness Act (PWFA). Once published in the Federal Register, the public will have 60 days to...more
8/15/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII
On June 29, 2023, in Groff v. DeJoy, the US Supreme Court unanimously adopted a new interpretation of the standard for when an employee’s religious accommodation poses an “undue hardship” for an employer under Title VII of...more
7/11/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
The National Labor Relations Board (the Board) which enforces the National Labor Relations Act (the Act) ruled this week that confidentiality of the agreement and non-disparagement provisions in the separation agreements for...more
On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding federal protections for both pregnant...more
Today, March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act (“FAA”) by banning mandatory arbitration in...more
Late this past Friday, December 17, a panel of the Sixth Circuit Court of Appeals issued an order dissolving the Fifth Circuit Court of Appeals' stay that had blocked implementation of OSHA’s Emergency Temporary Standard...more
Earlier this month, the Occupational Safety and Health Administration (“OSHA”) issued its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) requiring employers of 100 or more employees to implement...more
Today the Occupational Safety and Health Administration (“OSHA”) published its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) in the Federal Register. The ETS applies to employers with a total of...more
This past Friday, September 24, 2021, the White House “Safer Federal Workforce Task Force” issued Guidance construing President Biden’s September 9 Executive Order concerning required COVID-19 vaccination and other safety...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Masks ,
Mitigation ,
New Guidance ,
Reasonable Accommodation ,
Religious Exemption ,
Social Distancing ,
Vaccine Passports ,
Workplace Safety
On Thursday, September 9, 2021, as President Biden announced his new six-pronged plan to combat the continuing spread of COVID-19, he acknowledged, what was readily apparent from his actions and tone, that his “patience is...more
9/14/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As a result of two new Texas laws (SB 45 and HB 21), sexual harassment claims will now be treated differently than any other type of discrimination or harassment claim filed under state law. The new laws went into effect...more
In response to the modified COVID-19 recommendations published by the Centers for Disease Control and Prevention (CDC) on July 27, 2021, on Friday, August 13, 2021, the Occupational Safety and Health Administration (OSHA)...more
8/17/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
General Duty Clause ,
Guidance Update ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Vaccinations ,
Workplace Safety
The COVID-19 Delta variant has prompted a u-turn by the Centers for Disease Control and Prevention (“CDC”) on certain of its previous recommendations. In response, employers should take note that their workplace policies may...more
On June 10, 2021, shortly after issuing its Emergency Temporary Standard (“ETS”) for healthcare settings, OSHA updated its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Updated OSHA...more
6/14/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
General Duty Clause ,
Guidance Update ,
High Risk Covid Employees ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Vaccinations ,
Workplace Safety
Earlier today, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited guidance concerning the permissibility of employer vaccination incentive programs and, at the same time, provided further guidance...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Incentives ,
New Guidance ,
Reasonable Accommodation ,
Title VII ,
Vaccinations
On Thursday, May 13, 2021, the Centers for Disease Control and Prevention (CDC) delivered welcome news for vaccinated individuals in the form of revised Interim Public Health Recommendations for Fully Vaccinated People. The...more
5/17/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
GINA ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Masks ,
OSHA ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations ,
Voluntary Disclosure ,
Workplace Safety
Yesterday, March 2, 2021, the Governor of Texas, Greg Abbott, issued an order lifting his previously-imposed face covering mandate effective March 10. The order also removes certain other COVID-19 mitigation requirements...more
As COVID-19 vaccines become available to broader groups during winter and spring 2021, employers are considering how they can encourage employees to get vaccinated. While the Equal Employment Opportunity Commission (EEOC)...more
1/15/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Incentives ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
With one pharmaceutical company already receiving emergency use authorization for its COVID-19 vaccine, and a second drug maker apparently on the cusp of receiving authorization, employers, eager to return to normal business...more
12/18/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Guidance Update ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
As Election Day approaches, employers nationwide consider the changes that may come with a victory by Senator Joseph Biden in the Presidential race and/or shift in representation in the U.S. Senate. While we cannot be...more
10/30/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Final Rules ,
Independent Contractors ,
Joe Biden ,
Labor Relations ,
NLRB ,
OFCCP ,
OSHA ,
Paycheck Fairness Act ,
Presidential Elections ,
Proposed Rules ,
Union Organizers ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
Educational institutions across the nation are grappling with decisions on returning teachers, staff and administrators to work for the academic year 2020-2021 in the midst of the COVID-19 pandemic. Each institution must...more
7/22/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
NLRB ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
SCOTUS ,
Title VII ,
Unfair Labor Practices