In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in...more
3/29/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Labor Reform ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements
On December 7, 2022, Congress passed the “Speak Out Act” (the “Act”), which codified into federal law limits on what types of information employers are allowed to include in nondisclosure or non-disparagement clauses....more
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen...more
With Season 4 of Yellowstone in the books, and having time to fully process the impact of the U.S. Supreme Court’s OSHA vaccine mandate decisions, we thought we would kick off the 2022 All Things HR Blog by taking a deeper...more
On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go...more
12/24/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
With the Pfizer COVID-19 vaccine obtaining full FDA approval and President Biden’s sweeping announcement that he will be requiring federal employees, employers with over 100 employees, and many others to require vaccines or...more
Ohio Governor Mike DeWine has signed the employer-friendly Employment Law Uniformity Act (HB 352) (the Act) into law. The law, which will go into effect on April 12, 2021, will apply to all future discrimination claims filed...more
As the New Year approaches, employers throughout the United States must prepare for new legislation taking effect that may impact their operations. ...more
In Kenney v. Helix TCS, Inc. No. 18-1105 (10th Cir. Sept. 20, 2019), the 10th Circuit Court of Appeals held that employers in the cannabis industry must abide by the wage/hour requirements of the Fair Labor Standards Act...more
The patchwork of state employment laws just got a few more patches. On July 12th and August 12th (Senate Bill S6577), Governor Cuomo signed two employment-focused laws that added a number of updates to the New York State...more
9/11/2019
/ Arbitration ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Hairstyle Discrimination ,
Hiring & Firing ,
Hostile Environment ,
Non-Disclosure Agreement ,
NYSHRL ,
Sexual Harassment ,
State Labor Laws
Employment law is constantly evolving and changing to keep up with the evolving workforce and work-related issues. For example, in the last year, we have seen a changing landscape focused on gender bias and discrimination...more
For those keeping track, there are number of different (yet somewhat similar) tests agencies and courts use to determine whether a worker is an employee or an independent contractor. ...more
With the issue of appropriate vs. inappropriate sexual conduct continuing to be the hot button topic, it is important to understand there is another related issue that remains front and center yet it remains silent, and that...more
When it comes to being a cross-border employer, there are plenty of Canadian and United States laws to consider, and some of those laws regards how to conduct proper applicant/employee background checks. ...more
Given the ever-expanding landscape of privacy laws and regulations, employers are becoming increasingly aware that they are responsible for data breaches caused by their employees. ...more
In the last year a number of states and major cities have passed laws prohibiting employers from obtaining past income/salary information from applicants. States with current legislation include California, Delaware,...more
The European Union (EU) General Data Protection Regulation (GDPR) comes into effect on May 25, 2018, so in less than 60 days. While many companies have been working to ensure compliance with respect to their customer and...more
4/6/2018
/ Cybersecurity ,
Data Breach ,
Data Processors ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Employer Liability Issues ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Management
On Monday, December 19, 2016, Ohio Governor John Kasich signed into law Senate Bill 199, a controversial piece of legislation intended to expand concealed carry laws for firearms in Ohio. Although originally limited to...more