The Federal Trade Commission's Non-Compete Clause Rule proposed in January 2023 that we have previously written about becomes effective September 4, 2024, and invalidates most noncompetition agreements on or after the Rule's...more
The EEOC issued its Final Rule and Interpretive Guidance implementing the Pregnancy Workers Fairness Act (PWFA) on Monday, April 15, 2024. The Rule becomes effective sixty days after it is published in the Title 29 of the...more
It’s not often I get to title an employment law update “Love is Blind,” but a recent ruling presents an opportunity to remind employers arbitration provisions in employment agreements are not enforceable when an employment...more
We’ve rounded up the most popular employment law questions we’ve answered on our blog throughout 2023. The end of the year is a great time to review your workplace policies and proactively plan for the start of the new year....more
As the holiday season begins, many companies are gearing up to celebrate the year's achievements with a festive workplace holiday party. While these events provide an excellent opportunity for team bonding and camaraderie, HR...more
During a recent employment law webinar, Haynsworth Sinkler Boyd discussed considerations for employers when conducting workplace investigations. To help employers conduct more effective and efficient workplace investigations,...more
In a recent employment law webinar, Haynsworth Sinkler Boyd's Chris Gantt-Sorenson discussed the federal and state laws applicable to pregnant, postpartum and nursing employees. It is important for employers to understand the...more
Retirement plans face increased risks for cyber-attacks resulting in theft of plan assets. Few entities can keep up with the pace set by cyber-criminals for theft from accounts, and security requirements for industries...more
Hurricane season is among us, and it serves as an excellent reminder for employers to review their workplace policies and procedures to ensure that you are prepared before a hurricane.
Here are five items employers should...more
Employers faced with requests from employees for a religious accommodation to an employment requirement, policy or practice are now required to apply a new undue hardship analysis when considering whether to grant or deny the...more
The National Labor Relations Board (NLRB) has joined the bandwagon of federal agencies attacking non-compete agreements in its recently released Memorandum stating certain non-compete agreements violate a worker’s right to...more
Employers should post the DOL’s two new posters on FLSA and FMLA protections which the DOL updated following the passage of the Pregnant Worker’s Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing...more
As noted in our blog post on the passage of the Pregnant Workers Fairness Act (PWFA), the Act takes effect in June 2023. In preparation for compliance with the Act, employers should consider how the PWFA interacts with other...more
The expanded Medicaid and CHIP coverage offered during the COVID-19 public health emergency ended March 31, 2023, and employees and dependents who were participating in the expanded government-provided health insurance were...more
The Department of Labor (DOL) issued a public opinion letter on February 9, 2023, in response to an employer’s inquiry about an employee’s inability to work more than an eight-hour day due to a Family Medical Leave Act (FMLA)...more
The National Labor Relations Board (NLRB) recently ruled that nondisclosure and nondisparage provisions in severance agreements violate Section 7 of the National Labor Relations Act (NLRA). The NLRB noted provisions requiring...more
Congress recently passed two pregnancy-related acts, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act and the Pregnant Workers Fairness Act (PWFA). While some of the Acts' provisions overlap with...more
2/8/2023
/ Americans with Disabilities Act (ADA) ,
Breastfeeding ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lactation Accommodation ,
New Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation
During a recent employment law webinar, Haynsworth Sinkler Boyd’s Chris Gantt-Sorenson and Tyler Gilliam discussed considerations for employers who employ out-of-state remote workers. To help employers ensure that they are...more
As 2022 is coming to a close, we’ve rounded up the top five most popular topics from our employment law blog over the past year. Take a look back with us!...more
The Equal Employment Opportunity Commission (EEOC) issued a revised “Know Your Rights: Workplace Discrimination is Illegal” Poster on October 20, 2022, replacing its previous “EEO is the Law” Poster, which must be posted by...more
As covered in a recent post, employees at a Greenville Starbucks location became the first Starbucks employees in South Carolina to vote to unionize. Since then, employees at two other South Carolina stores in Anderson and...more
Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity...more
Having a diverse hiring strategy is an essential piece of the puzzle, but it's not the only piece. Not only is it important to focus on bringing in diverse talent, but it's two-fold. Employers must also equip current...more
As of today, OSHA announced that it “has suspended activities related to the implementation and enforcement of the ETS [Emergency Temporary Standard] pending future developments in the litigation.” A link to the announcement...more
President Biden recently issued an Executive Order (EO) mandating COVID-19 vaccinations for certain health care workers, federal employees and federal contractors. The Executive Order also mandated that private employers with...more
11/5/2021
/ Coronavirus/COVID-19 ,
Documentation ,
Executive Orders ,
Health Care Providers ,
Healthcare Facilities ,
Joe Biden ,
Masks ,
OSHA ,
Paid Time Off (PTO) ,
Vaccinations ,
Virus Testing