News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Waivers

Dorsey & Whitney LLP

Iowa Passes New Law Related to COVID-19 Vaccination Mandates by Employers and Unemployment Insurance

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On October 29, 2021, Iowa Governor Kim Reynolds signed into law legislation affecting the interplay between Iowa employers, employees, and COVID-19 vaccine requirements. Iowa’s new law, HF 902, sets up questions regarding...more

Dentons

HR Quick Take: Severance Agreements

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Q: Our severance agreement states that employees waive all rights to future claims. A former employee who signed the agreement has now filed a sex discrimination claim with the ICRC. Can we enforce the severance agreement?...more

Sheppard Mullin Richter & Hampton LLP

Employee Separation Agreements Likely to Face Increased EEOC Scrutiny

The Equal Employment Opportunity Commission (“EEOC”)—the agency tasked with enforcing federal labor laws—was deputized by Congress in 1972 with authority to bring lawsuits against employers for violating anti-discrimination...more

Tucker Arensberg, P.C.

What Can Employers Do About Employees Who Refuse a Vaccine?

Tucker Arensberg, P.C. on

After a seemingless endless wait, news of COVID vaccine distribution has business owners, government offices and school district administrators faced with a legal question they could not have foreseen at the beginning of...more

White & Case LLP

Returning to Work: COVID-19, Workers' Compensation, and Employee/Consultant Waivers

White & Case LLP on

As states allow businesses to reopen and employers begin returning to the workplace, questions arise regarding the potential liability of employers if employees and consultants contract COVID-19 in the workplace—which might...more

McGlinchey Stafford

Considerations for Workplace Safety in Light of Updated EEOC Guidance

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COVID-19 has created new, unexplored territory for employers. Even in a pandemic, it’s imperative that employers follow all EEO laws. Since COVID-19 is consistently evolving, it is important that employers continue to follow...more

Ward and Smith, P.A.

Liability Waivers and Questionnaires in the Time of COVID-19

Ward and Smith, P.A. on

As businesses begin to re-open and re-engage their workforce, and in light of the ongoing COVID-19 pandemic, it is worth exploring requiring your employees (and in certain circumstances, customers) to execute a liability...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2020 #3

COVID-19 Grips Federal Policymakers. Like the rest of the country, lawmakers and regulators spent much of this week grappling with the effects of the COVID-19 virus. Below is a quick rundown of the various responses from...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 2, 2019

The Editor's Note - ...In this edition of SuperVision, Carrie Grundmann discusses EEO1 requirements, Mitch Rhein discusses the DOL's latest on the virtual marketplace, and Chelsea Thompson explains a recent United States...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Commission Overrules Xu v. Epic Systems, Finds Valid Arbitration Agreement or Waiver Bars Prosecution of WFEA Claims Before ERD

In Ionetz v. Menard, Inc., the Wisconsin Labor and Industry Review Commission overruled its previous and highly controversial decision Xu v. Epic Systems, Inc.. In Xu, the commission held that an employee cannot waive his...more

Stinson LLP

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

Stinson LLP on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

U.S. Equal Employment Opportunity Commission...

Illinois Department of Human Services to Revamp Retaliatory Policies and Procedures to Resolve EEOC Discrimination Finding

Federal Agency Found Class of Employees Illegally Required to Waive their Rights to Resolve Grievances - CHICAGO - The Illinois Department of Human Services (IDHS), one of the largest agencies of the State of Illinois...more

Fenwick & West LLP

Fenwick Employment Brief

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Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Zelle  LLP

Getting Releases Right

Zelle LLP on

There are times when it makes sense to resolve an actual or potential employment law claim by paying something and getting a release from the employee. Paying severance in return for a release and waiver of claims isn’t...more

Parker Poe Adams & Bernstein LLP

EEOC Loses Argument That Company Converting Employees to Contractors Cannot Require Release of Pending Discrimination Claims

Over the past several years, the Equal Employment Opportunity Commission has filed several high profile lawsuits accusing employers of retaliating against employees by requiring them to waive discrimination claims in return...more

BakerHostetler

Not Settling for Less: The EEOC’s Latest Challenge to Employee Releases

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The Equal Employment Opportunity Commission (“EEOC”) recently filed a “pattern or practice” lawsuit against CVS Pharmacy, Inc., alleging that CVS uses an “overbroad, misleading and unenforceable Separation Agreement” that...more

Franczek P.C.

EEOC Files Suit Against Book Distributor For Overbroad Severance Agreement Language

Franczek P.C. on

Just weeks after settling its first ever Genetic Information Nondiscrimination Act (“GINA”) discrimination lawsuit and filing its first ever class action lawsuit under GINA, the Equal Employment Opportunity Commission (EEOC)...more

Orrick - Employment Law and Litigation

If You Can’t Say Anything Good about Someone, Well, Keep Talking – The EEOC Challenges the Legality of Non-Disparage Agreements

As the saying goes, if it didn’t end badly, it never would have ended. That is often the case for former employees who no longer simply gripe to spouses or close friends about their former employers....more

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