What happens when the NLRB asks a federal court to remand a case back to the board based on a new case holding to interpret the matter before it, the court does so, and then the board pulls a “bait and switch” to flat out...more
On Wednesday, July 3, a Texas federal court enjoined the Federal Trade Commission’s (FTC) rule banning most noncompetes (the Noncompete Rule) and has stayed the implementation of the Noncompete Rule, but only as to the...more
7/9/2024
/ Appeals ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Litigation Strategies ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Texas
Can you prohibit your employees from bringing firearms to your workplace? You may think the answer is yes, but it’s more complicated. Recent state laws on gun rights have raised questions regarding guns at work. Here we will...more
7/5/2024
/ Alabama ,
Concealed Carry Permit ,
Concealed Weapons ,
Employees ,
Employer Liability Issues ,
Employer No-Weapons Policies ,
Employment Policies ,
Firearms ,
Gun Laws ,
Louisiana ,
New Legislation ,
Regulatory Requirements ,
Workplace Violence
Crisis planning is not everyone’s idea of a good time, but an ounce of prevention is worth it when you are faced with a crisis.
Here are 10 things to think about as you prepare for a possible crisis:
Where is your...more
With the passage of the Pregnant Workers Fairness Act (PWFA), the law on how you accommodate pregnant workers changed last June, and we blogged about it. Then the EEOC issued extensive regulations last August, and we blogged...more
6/21/2024
/ Americans with Disabilities Act (ADA) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda
In an 8-1 decision authored by Justice Clarence Thomas, the United States Supreme Court settled the conflict among circuits in setting the standard for issuing 10(j) injunctions sought in unfair labor practice proceedings. In...more
The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more
What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more
Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults...more
As technology continues to evolve, so do the dynamics of labor and employment. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2024-1 (FAB 2024-1). FAB...more
5/24/2024
/ Artificial Intelligence ,
Automated Systems ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
New Guidance ,
Technology ,
Wage & Hour Division (WHD) ,
Wage and Hour
A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets....more
If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more
5/9/2024
/ Appeals ,
Bostock v Clayton County Georgia ,
Corporate Counsel ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
Hostile Environment ,
Remand ,
Retaliation ,
SCOTUS ,
Summary Judgment ,
Title VII ,
Transgender ,
Vacated
If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more
5/2/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On April 23, 2024, the Federal Trade Commission issued a broad Final Rule that effectively bans noncompete clauses nationwide. The FTC states that noncompete clauses are an unfair method of competition and violate Section 5...more
On Tuesday, April 23, the United States Department of Labor issued its anticipated Final Rule on the Fair Labor Standards Act salary requirements for overtime exemption.
The Final Rule, which will likely face legal...more
It has been a long road to this point, but the final Pregnant Workers Fairness Act (PWFA) regulations are here. We first blogged in early 2023 about the PWFA, which became effective in June 2023, and again last August when...more
Can you prevent your employees from handing out pro-union paraphernalia if they’re on a paid break? After brewing on the issue, the D.C. Circuit says no, backing baristas in the first of five National Labor Relations Board...more
The Occupational Safety and Health Administration (OSHA) has published a final rule amending a regulation regarding the right to designate a representative to accompany OSHA inspectors during a workplace inspection. Why do we...more
It is every employer’s nightmare: You find out that employees (or former employees) are claiming that they were not paid properly and are due overtime for the last two or three years. This primarily arises because you...more
The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for employees with disabilities. To help determine effective accommodations, employers should use an “interactive...more
Workplace violence is an issue that impacts employees and employers alike. While OSHA uses the General Duty Clause to address such issues, some states are enacting their own laws about it. As we reported a few weeks ago,...more
3/14/2024
/ Employee Training ,
General Duty Clause ,
Healthcare ,
Labor Code ,
New Legislation ,
OSHA ,
Public Safety ,
Texas ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
Violence in the workplace is something all employers prohibit and try to prevent. Healthcare employers have a tougher time, because the violence often comes from patients.
How do you best protect workers while still...more
3/13/2024
/ Employer Liability Issues ,
Employment Policies ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Reform ,
Healthcare Workers ,
Hospitals ,
New Legislation ,
New Regulations ,
Nurses ,
OSHA ,
Regulatory Requirements ,
Skilled Nursing Facility ,
State Labor Laws ,
Texas ,
Workplace Safety ,
Workplace Violence
You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that...more
3/8/2024
/ Class Action ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Employer Mandates ,
First Amendment ,
Florida ,
Race Discrimination ,
Stop Woke Act ,
Title VII ,
Unconstitutional Condition
Remember last year when we repeatedly posted about the Pregnant Worker Fairness Act (PWFA) and the PUMP Act telling you that the EEOC was going to have pregnancy discrimination on its radar? Recent activity from the EEOC...more
If an individual’s disability causes involuntary racist or profane utterances, what would a reasonable accommodation under the ADA look like? In Cooper v. Dolgencorp, LLC, the Sixth Circuit faced just such an inquiry....more