A Texas federal district court held on Aug. 20, 2024, that the Federal Trade Commission’s rule banning most employer-employee non-compete agreements is unlawful. This decision — unlike earlier preliminary decisions — orders...more
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements if it survives legal challenges from the U.S. Chamber of Commerce and other...more
In a highly anticipated announcement, the U.S. Department of Labor (DOL) published its final rule on April 23, 2024, increasing salary threshold amounts required for certain employees to be “exempt” from federal Fair Labor...more
Few changes to the commonwealth’s employment laws emerged from the General Assembly’s 2024 legislative session. While several modest reforms made their way past Gov. Glenn Youngkin’s desk, bills introducing more sweeping...more
Since July 1, 2020, Virginia has prohibited employers from entering into, enforcing or threatening to enforce non-compete agreements with “low wage employees.” The definition of “low wage employee” periodically changes...more
On Jan. 12, 2024, Washington, D.C. Mayor Muriel Bowser signed a new pay transparency act. The act takes effect on June 30, 2024, and requires D.C. employers to post salary ranges and benefits information for open positions,...more
Effective Jan. 1, 2024, California employers may not inquire about employees’ prior use of cannabis, even if the employer learns of that prior use from an employee’s criminal history.
On Oct. 7, 2023, Gov. Gavin Newsom...more
On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more
It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal...more
On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking (NPRM) that would significantly increase salary threshold amounts required for certain employees to be exempt from federal Fair...more
Illinois and Hawaii will join several states — including New York, California, Washington and Colorado — in requiring increased pay transparency in job postings. These changes will further affect how employers recruit and...more
On Aug. 11, 2023, the Equal Employment Opportunity Commission published proposed regulations implementing the Pregnant Workers Fairness Act (PWFA). President Biden signed the PWFA into law on Dec. 29, 2022, to “fill the gaps”...more
On June 29, 2023, the U.S. Supreme Court abrogated the de minimis standard that many lower courts have applied for decades to determine when Title VII permits employers to refuse an employee’s request for religious...more
7/11/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On June 13, 2023, the City of Norfolk Circuit Court held in Jordan v. Sch. Bd. of the City of Norfolk that sovereign immunity bars a plaintiff’s claims against the Norfolk City School Board for allegedly violating the...more
Effective Jan. 1, 2024, California law will restrict employers from using traditional drug tests to test for cannabis use. California Gov. Gavin Newsom signed the law on Sept. 18, 2022, prohibiting employers from...more
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new technical assistance document titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment...more
On May 1, 2023, the White House announced it would end the COVID-19 vaccine requirements for federal employees, federal contractors and international air travelers effective May 11, the same day the federally declared...more
The Virginia General Assembly’s 2023 legislative session concluded with Gov. Glenn Youngkin signing 738 bills into law and amending another 78. With a divided government characterized by Republican control of the governor’s...more
On March 13, 2023, Illinois Gov. J. B. Pritzker signed into law the Paid Leave for All Workers Act (the Act), the first statewide paid leave law in Illinois. The law expands paid leave beyond Cook County and Chicago’s paid...more
On Feb. 9, 2023, just days following the 30th anniversary of the enactment of the Family and Medical Leave Act (FMLA), the U.S. Department of Labor’s Wage and Hour Division, the subagency tasked with administration and...more
On Feb. 1, 2023, the U.S. Court of Appeals for the Ninth Circuit held that employers who provide paid short-term leave for some reasons — such as for sickness, bereavement or jury duty — must also pay employees who take...more
On Jan. 6, 2023, the U.S. District Court for the District of Arizona upheld President Joe Biden’s authority to issue an Executive Order (EO) increasing the minimum wage for federal contractors and subcontractors to $15 per...more
On Dec. 7, 2022, President Joe Biden signed into law the Speak Out Act. The new law renders unenforceable any predispute nondisparagement clause or nondisclosure agreement relating to sexual assault or sexual harassment. A...more
On Nov. 8, 2022, Washington, D.C., voters overwhelmingly approved "Initiative 82," which, once certified and implemented, will eliminate the tip-credit system in D.C. With this new law, D.C. joins the ranks of seven states...more
Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, as...more