Late Tuesday, August 20, 2024, a Federal Court in Texas issued a decision which enjoins – on a nationwide basis – the FTC’s final rule which would effectively ban all non-competes with limited exceptions. While we expect the...more
A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s...more
On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in...more
8/19/2024
/ Accrual Requirements ,
Collective Bargaining Agreements (CBA) ,
Documentation ,
Earned Sick Time ,
MI Supreme Court ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Record Retention ,
Reinstatement ,
Small Business ,
State Constitutions ,
State Labor Laws ,
Wage and Hour
From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs...more
In a landmark decision in Mothering Justice v. Attorney General, the Michigan Supreme Court has ruled on the constitutionality of legislative actions surrounding the Improved Workforce Opportunity Wage Act (Wage Act) and the...more
As discussed in our previous article, the Federal Trade Commission’s (“FTC”) newly enacted Non-Compete Clause Rule (“Rule”) is set to go into effect on September 4, 2024, by its own terms. The Rule would virtually ban all...more
While properly implemented DEI programs remain permissible under Title VII and other applicable laws, recent legislation proposed by Senate and House Republicans would seek to eliminate any such programs sponsored or...more
We previously wrote about the final overtime rule issued by the U.S. Department of Labor (DOL) that raises the salary basis for overtime exemptions under the Fair Labor Standards Act (FLSA). One of the key components of that...more
On May 24, 2024, in Thryv, Inc. v. NLRB, No. 23-60132, (5th Cir. May 24, 2024), a unanimous three judge panel for the Fifth Circuit Court of Appeals vacated a National Labor Relations Board order finding that the Employer...more
The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation,...more
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule that would ban virtually all non-compete agreements for nearly all workers of for-profit employers. Commissioners Melissa Holyoak and...more
4/25/2024
/ Department of Justice (DOJ) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Nonprofits ,
Restrictive Covenants ,
Selling a Business ,
Sherman Act ,
Unfair Competition
Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent...more
4/16/2024
/ Affirmative Action ,
Civil Rights Act ,
Corporate Counsel ,
Diversity ,
Hostile Environment ,
Race Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VII ,
Training
In the complex tapestry of workplace dynamics, there exists an often unspoken advantage known as the beauty premium or “pretty privilege.” This phenomenon refers to the societal bias toward individuals who are perceived as...more
4/8/2024
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Employee Training ,
Employment Discrimination ,
Hiring & Firing ,
Human Rights Act ,
Race Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour ,
Weight Discrimination
In a strongly worded and unanimous opinion, a panel of judges from the Eleventh Circuit Court of Appeals determined that Florida’s STOP W.O.K.E. Act is unconstitutional. The court noted that Florida’s defense of the law’s...more
Under the Fair Labor Standards Act (FLSA), employers must provide overtime pay to employees at one and one-half times an employee’s regular pay rate for every hour the employee works beyond 40 hours in a workweek, unless the...more
Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and...more
In our ever-evolving world, fostering cultural sensitivity is paramount for minimizing legal risks and creating inclusive, respectful work environments. Language plays a crucial role in shaping our perceptions, and...more
On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more
When “Gymtimidation” Turns Into Discrimination-
The issues of acceptance and comfort in fitness centers can pose serious challenges for owners. A healthy gym environment can empower all individuals, regardless of age,...more
The Supreme Court’s recent decision on affirmative action in the SFFA v. Harvard/UNC cases has raised lots of questions for private employers. Specifically, private employers want to know what impact – if any – does the...more
8/4/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Equal Protection ,
Hiring & Firing ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
By now, most private employers are familiar with the recent U.S. Supreme Court decision on affirmative action, Students for Fair Admissions v. Harvard (SFFA), which arises in the context of college admissions. The Court held...more
8/1/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Equal Protection ,
Hiring & Firing ,
Race Discrimination ,
SCOTUS ,
State Attorneys General ,
Students for Fair Admissions v Harvard College ,
Title VII
Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee...more
With holidays and a new year fast approaching, it is an excellent time for employers to consider reviewing and revamping their Employee Handbooks or stand-alone policies that address company-recognized holidays. The most...more
Key Points-
•On October 13, 2022 the Department of Labor (DOL) published a notice of proposed rulemaking advising that it intends to alter the test used to distinguish “independent contractors” from employees under the Fair...more
Today, Acting Milwaukee Mayor Cavalier Johnson signed into law a new indoor mask mandate for the City of Milwaukee. The Milwaukee Common Council previously approved the new ordinance earlier this week by a vote of 12-1, with...more