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Minneapolis Expands Anti-discrimination Ordinance

The City of Minneapolis will soon be one of the few jurisdictions in the country that prohibit discrimination based on height, weight, and criminal history. On May 5, 2025, Minneapolis Mayor Jacob Frey approved amendments to...more

Supreme Court Removes Extra Hurdle for Reverse Discrimination Claims

On June 5th, the U.S. Supreme Court issued a decision making it easier for employees to prove claims of so-called “reverse” discrimination (i.e., suits brought by a member of a majority group alleging to have been treated...more

Second Circuit Rejects Broad Interpretation of “Marital Status Discrimination” Under New York City Human Rights Law

Although not prohibited by federal law, employment discrimination based on marital status is illegal in several states. However, the exact contours of “marital status” discrimination have been somewhat unclear, leading to a...more

Non-Disabled Employees Can Recover for Unlawful Medical Examinations Under ADA, According to Seventh Circuit

Following a recent decision by the Seventh Circuit, employers who violate the Americans with Disabilities Act (ADA) by requiring medical examinations of an employee without a business necessity may now be liable for back pay...more

New Executive Order Limits EEOC Enforcement

On April 23, 2025, President Trump signed an Executive Order instructing federal agencies to “deprioritize” enforcement of disparate-impact discrimination claims (the “EO”)....more

More States Narrow the Use of Restrictive Covenants: Updates from Virginia, Arkansas, and Wyoming

Continuing a nationwide trend, three states recently enacted new legislation further restricting the enforceability of non-compete provisions in employment agreements. Starting in July, these new regulations are set to take...more

Second Circuit Holds ADA May Require Accommodation Even If Employee Can Perform Job Functions Without One

On March 25, 2025, the Second Circuit clarified the Americans with Disabilities Act (ADA) standard on reasonable accommodations. Specifically, in Tudor v. Whitehall Central School District, the court held that an employee may...more

Virginia Passes Second of Its Kind Ai Anti-Discrimination Statute, but Law Vetoed by Governor

The Virginia General Assembly recently passed a second of its kind AI anti-discrimination bill, HB 2094, which would have taken effect on July 1, 2026. However, on March 24, 2025, Gov. Glenn Youngkin vetoed the proposed law....more

Federal Trade Commission and U.S. Department of Justice Issue New “Antitrust Guidelines for Business Activities Affecting Workers”

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) recently issued updated guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. The new...more

National Labor Relations Board Lacks Authority to Award Damages Beyond Back Pay, According to Third Circuit Decision

On December 27, 2024, the U.S. Court of Appeals for the Third Circuit found that the National Labor Relations Board (NLRB) lacks the authority to order an employer to pay damages beyond what it unlawfully withheld from...more

NLRB Alleges that Reality TV Contestants Are “Employees” Subject to Labor Laws

Earlier this month, the General Counsel of the National Labor Relations Board (NLRB) issued a consolidated complaint charging the producers of the popular Netflix show “Love is Blind” with unfair labor practices for their...more

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Court Vacates DOL Rule and Returns Exempt Salary Threshold to Previous Level

Friday, a federal court in the Eastern District of Texas vacated the Department of Labor’s (“DOL”) April 2024 Final Rule (the “Rule”) that would have raised the minimum salary level at which executive, administrative,...more

First Circuit Says Massachusetts Non-Compete Agreement Enforceable in California Despite State’s Ban

Last month, in DraftKings Inc. v. Hermalyn, the First Circuit Court of Appeals issued a decision concerning the application of California’s non-compete ban to agreements formed outside the state. Broadly, the decision...more

New York Takes Steps to Curb Workplace Violence in Retail Businesses

On September 4, 2024, New York Governor Kathy Hochul signed the Retail Worker Safety Act (Labor Law §27-e), which requires certain employers to adopt a workplace violence prevention policy and implement annual training, and...more

California Implements New Intersectionality and Captive Audience Meeting Laws

California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political...more

Illinois Amends IHRA to Protect Caregiver Status

On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their...more

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

Texas Court Invalidates FTC Ban on Non-Compete Agreements

By now, employers across the country are aware of the Federal Trade Commission’s (“FTC”) pending rule banning the vast majority of non-competition agreements on a national level (the “Rule”). We have been tracking the Rule...more

The Eastern District of Pennsylvania Declines to Enjoin Application of the FTC’s Non-Compete Rule

On Tuesday, July 23, 2024, Eastern District of Pennsylvania Judge Kelley Brisbon Hodge declined to enjoin application of the FTC’s administrative rule banning the majority of non-competes in the country (the “Rule”) when she...more

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

The USDOL’s FLSA Salary Increase is Partially Enjoined

As previously reported here, the U.S. Department of Labor (USDOL) issued its final rule providing that, effective July 1, 2024, the salary threshold under the Fair Labor Standards Act (FLSA) for the white collar overtime...more

Key Illinois Employment Law Changes Taking Effect July 1, 2024

On July 1, 2024, three ordinances go into effect that will alter critical employment laws for Cook County and Chicago businesses. These three ordinances are: (1) the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance,...more

Employees No Longer Required to Prove Significant Harm for Title VII Claims

Under the recent Supreme Court Ruling of Muldrow v. City of St. Louis, employees no longer need to suffer “significant” harm to state a claim of discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”)....more

What Employers Need To Know About The New DOL Overtime Rule For Exempt Employees

On Tuesday, the U.S. Department of Labor (DOL) announced a Final Rule that drastically expands overtime protections to millions of workers across the country. This Rule, which raises the salary threshold for certain...more

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