Dear Littler: I manage a growing family medical practice out West. It has come to our attention that one of our staff members maintains an adult-themed website. We learned about this when another staff member complained about...more
Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins...more
6/27/2024
/ #MeToo ,
Employee Misconduct ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Hostile Environment ,
Labor Reform ,
Louisiana ,
New Legislation ,
Non-Disclosure Agreement ,
Sexual Harassment ,
State Labor Laws ,
Unenforceable Contract Terms
On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of...more
11/27/2023
/ #MeToo ,
CPLR ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Labor Reform ,
New Legislation ,
New York ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
The SEC continues to review non-disclosure agreements and other confidential business information provisions of publicly traded companies to ensure whistleblowers are not restricted from freely communicating with the agency...more
10/18/2023
/ Cease and Desist Orders ,
Civil Monetary Penalty ,
Confidential Information ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Enforcement Actions ,
Enforcement Guidance ,
Non-Disclosure Agreement ,
Publicly-Traded Companies ,
Restrictive Covenants ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations ,
Separation Agreement ,
Whistleblowers
Dear Littler: Considering the recent passage of the federal Speak Out Act limiting the use of pre-dispute nondisclosure and non-disparagement clauses involving sexual assault and sexual harassment claims, what impact will...more
In the first such decision from a federal appellate court, the U.S. Court of Appeals for the Fifth Circuit has ruled the COVID-19 pandemic is not a “natural disaster” that exempts employers from providing advance notice of...more
6/22/2022
/ Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Labor Laws ,
Hiring & Firing ,
Infectious Diseases ,
Labor Law Violations ,
Layoff Notices ,
Layoffs ,
Natural Disasters ,
Notice Requirements ,
Public Health Emergency ,
WARN Act
On November 16, 2021, Governor Spencer J. Cox signed SB2004 into law, placing limitations and additional obligations on Utah employers that have implemented vaccine or testing requirements on employees....more
11/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exempt-Employees ,
Federal v State Law Application ,
Infectious Diseases ,
New Legislation ,
OSHA ,
Preemption ,
Reasonable Accommodation ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Dear Littler: We are planning a layoff that will involve many of our employees who are working remotely during the pandemic. How do we decide who works at a particular location for WARN counting purposes?...more
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued long-awaited and much-needed clarification on whether non-U.S. citizen employees working for a U.S. employer outside the United States must...more
On November 11, 2020, Governor Andrew Cuomo signed into law Assembly Bill A10674a. The legislation, which took effect immediately, amended the New York Worker Adjustment and Retraining Notification (WARN) Act by substantially...more
11/12/2020
/ Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
New Legislation ,
Notice Requirements ,
Regulatory Standards ,
State and Local Government ,
State Labor Laws ,
WARN Act
Dear Littler: At the start of the pandemic, our company—like countless others—had to furlough a number of our employees. We thought we’d be able to fully resume operations by the summer. Unfortunately, COVID-19 is still...more
Over the weekend, the Department of Labor published Frequently Asked Questions (FAQs) addressing COVID-19 issues under the federal Worker Adjustment and Retraining Notification Act (WARN). The FAQs break little new legal...more
Among the many issues employers are facing in the wake of the spread of the novel coronavirus (COVID-19) is the possibility of furloughs, temporary office and location closings, and short-term layoffs. A furlough involves...more
3/12/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Federal Labor Laws ,
Furloughs ,
Government Shutdown ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Notification Requirements ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act ,
Workplace Safety
The novel coronavirus (COVID-19) has implications for multiple workplace concerns, including health and safety, leaves of absence, discrimination, and travel. Although the U.S. Centers for Disease Control (CDC) has been...more
3/5/2020
/ Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Duty of Care ,
Emergency Management Plans ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
General Duty Clause ,
Health and Safety ,
Infectious Diseases ,
Interim Guidance ,
International Travel ,
Layoffs ,
Leave of Absence ,
National Origin Discrimination ,
Occupational Exposure ,
OSH Act ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Pay ,
Traveling Employee ,
Wage and Hour ,
WARN Act ,
Workplace Safety
A California Court of Appeals has held that temporary furloughs trigger notice obligations under the California Workers Adjustment and Retraining Notification Act (CA-WARN). Specifically, the appellate court in The...more
On October 7, 2014, District Judge John Darrah of the North District of Illinois dismissed the Equal Employment Opportunity Commission’s lawsuit against CVS Pharmacy. Equal Employment Opportunity Commission v. CVS Pharmacy,...more
Recently, the Chicago District Office of the Equal Employment Opportunity Commission (EEOC) sued CVS Pharmacy, Inc. because CVS required employees to sign a release that the EEOC claims was “overly broad, misleading, and...more