News & Analysis as of

Employer Liability Issues Guidance Update

Butler Snow LLP

EEOC Updates Harassment Guidance for First Time in 25 Years

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Almost seven months after seeking public comment on an initial proposed version, and more than seven years after first attempting to update its guidance on the issue, the Equal Employment Opportunity Commission issued on...more

Venable LLP

It's Time to Refresh Your Anti-Harassment Training: The EEOC Proposes Updated Guidance on Discrimination and Harassment in the...

Venable LLP on

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace (Proposed Enforcement Guidance), which will supersede its prior guidance on...more

Holland & Knight LLP

EEOC Issues Updated Workplace Harassment Guidance

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The U.S. Equal Employment Opportunity Commission (EEOC or Commission) on Sept. 29, 2023, proposed updated workplace harassment guidance reflecting notable changes in the law, including the U.S. Supreme Court's decision in...more

Sheppard Mullin Richter & Hampton LLP

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...more

A&O Shearman

Pensions: what's new this week - 14 August 2023

A&O Shearman on

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. This week we cover topics including: TPR updates DB...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

Goodwin on

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

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On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

McAfee & Taft

EEOC revises COVID-19 guidance following end of public health emergency

McAfee & Taft on

The Public Health Emergency that was the COVID-19 pandemic came to an end on May 11, 2023.  Four days later, the EEOC updated its COVID-19 Technical Assistance for about the twentieth time....more

Jackson Lewis P.C.

EEOC Revises its COVID-19 Guidance, Again

Jackson Lewis P.C. on

On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more

Holland & Knight LLP

NLRB Decision Restricting Broad Confidentiality/Non-Disparagement Clauses Applies Retroactively

Holland & Knight LLP on

The National Labor Relations Board (NLRB or Board) on Feb. 21, 2023, issued the McLaren Macomb decision (372 NLRB No. 580) significantly restricting an employer's right to proffer to employees severance agreements that...more

Warner Norcross + Judd

Employers: Proceed with Caution when Offering and Enforcing Severance Agreements

Warner Norcross + Judd on

On February 21, 2023, the National Labor Relations Board (the “Board”) issued its decision in McLaren Macomb, 372 NLRB No. 58, holding that employers violate the National Labor Relations Act (the “Act”) when they offer...more

WilmerHale

NLRB Issues Post-McLaren Guidance Providing Some Clarity but Little Comfort

WilmerHale on

On March 22, 2023, the NLRB's General Counsel issued a Memorandum (the “Memo”) providing guidance on the scope and effect of the National Labor Relations Board’s (the “NLRB”) decision in McLaren Macomb, which found overbroad...more

CDF Labor Law LLP

NLRB General Counsel Releases Memorandum Providing Guidance on Non-Disparagement and Confidentiality Clauses in Settlement...

CDF Labor Law LLP on

Last week, on March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, released Memorandum GC 23-05, which provides clarification of the recent McLaren Macomb decision....more

Littler

NLRB General Counsel Provides Guidance on Non-Disparagement and Confidentiality Provisions in Severance Agreements

Littler on

The National Labor Relations Board (NLRB or “the Board”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or...more

FordHarrison

GC Memo 23-05: General Counsel Issues Guidance on the NLRB's Recent Decision on Non-Disparagement and Confidentiality of Agreement...

FordHarrison on

Executive Summary: As discussed in our February 23, 2023 Legal Alert, the National Labor Relations Board (NLRB or Board) recently held in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the...more

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

NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively

On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in...more

Shutts & Bowen LLP

EEOC Issues Update on Hearing Disabilities in the Workplace and the ADA

Shutts & Bowen LLP on

In January 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the “Update”), which explains...more

Bass, Berry & Sims PLC

EEOC’s Updated Guidance on COVID-19 Testing in the Workplace

Bass, Berry & Sims PLC on

On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work...more

Parker Poe Adams & Bernstein LLP

EEOC Changes Technical Guidance on Employer COVID-19 Testing

On July 12, the Equal Employment Opportunity Commission (EEOC) released an amended Technical Assistance Q&A on the interaction between COVID-19 response measures and federal civil rights laws. While the revisions address a...more

Ward and Smith, P.A.

Update to EEOC's Position on Mandatory COVID testing

Ward and Smith, P.A. on

On July 12, 2022, the Equal Employment Opportunity Commission ("EEOC") updated its guidance regarding COVID-19 workplace viral screening testing.  The EEOC's original position on COVID-19 workplace viral screening testing...more

Morgan, Brown & Joy, LLP

EEOC Updates Guidance on COVID-19 Testing in the Workplace

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) once again updated its Technical Assistance Questions and Answers. In this update, the EEOC addressed whether an employer may administer a test to detect...more

Morgan Lewis

EEOC Updates Guidance On Employer COVID-19 Testing Programs

Morgan Lewis on

The US Equal Employment Opportunity Commission updated its guidance on employer COVID-19 testing programs on July 12. The update reinforces that the evolving circumstances of the COVID-19 pandemic require an individualized...more

Verrill

Double Check: COVID-19 Policy

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While in March of 2020, I believe many individuals hoped that by July of 2022 we would no longer be concerned with COVID-19 Policies, such, unfortunately, is not the case. Yesterday, the EEOC updated its long-standing...more

Sheppard Mullin Richter & Hampton LLP

Cal/OSHA Adopts Fourth Iteration of COVID-19 Emergency Temporary Standards

On April 21, 2022, the California Division of Occupational Safety and Health (“Cal/OSHA”) Standards Board adopted the fourth iteration of its COVID-19 Emergency Temporary Standards (“ETS”). Sheppard Mullin previously wrote...more

Foley Hoag LLP

EEOC Advises COVID-19 May Be ADA-Protected Disability

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On December 14, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 Technical Assistance Guidance to address when COVID-19 is a disability within the meaning of the Americans with Disabilities Act...more

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