The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more
10/11/2024
/ Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
Policy Memorandums ,
Restrictive Covenants ,
Section 7 ,
Unfair Labor Practices
Following up on proposed rules issued on January 5, 2023, after the public comment period, the Federal Trade Commission (FTC) issued final rules on April 23, 2024, banning noncompete agreements in most employment contexts....more
The General Counsel of the National Labor Relations Board (the Board) took aim at non-compete and non-solicitation agreements in Memorandum GC 23-08, issued on May 30, 2023. The General Counsel of the Board, Jennifer Abruzzo,...more
The National Labor Relations Board (NLRB) recently issued a controversial decision concerning the use of non-disparagement and confidentiality provisions by employers in separation agreements. In McLaren Macomb and Local 40,...more
Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the...more
On Monday, November 29, 2021, a court in the Eastern District of Missouri issued an order granting a motion for a preliminary injunction of the Centers for Medicare and Medicaid Services' (CMS) interim final rule (the Rule),...more
With little fanfare or press coverage, the United States House of Representatives passed a sweeping bill on March 9, 2021, that would amend provisions of federal labor law that in some cases have been in place as long ago as...more
Join us for Hinshaw's 25th Annual Labor & Employment Seminar, for a week of practical and engaging virtual programming. We are offering the seminar free of charge this year, allowing unprecedented access for those who may...more
10/20/2020
/ Anti-Retaliation Provisions ,
Best Practices ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Data Privacy ,
Employee Monitoring ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Labor Laws ,
Foreign Nationals ,
Foreign Workers ,
Health and Safety ,
Hiring & Firing ,
Human Resources Professionals ,
Infectious Diseases ,
Privacy Laws ,
Retaliation ,
Screening Procedures ,
State Labor Laws ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
Many states are beginning to experience a “flattening of the curve” when it comes to COVID-19 virus infection rates. With regulations varying from state to state, there are still so many unanswered questions about how...more
5/20/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Hiring & Firing ,
Human Resources Professionals ,
Infectious Diseases ,
Policies and Procedures ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Risk Mitigation ,
Webinars ,
Workplace Safety
Virtually every employer in the United States is having to grapple with how to respond to employment-related issues as a consequence of the coronavirus (COVID-19) pandemic. To assist employers, we have prepared an FAQ...more
3/21/2020
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Disabilities ,
Emergency Management Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
HIPAA Privacy Rule ,
Hiring & Firing ,
OSHA ,
Paid Time Off (PTO) ,
Quarantine ,
Remote Working ,
Sick Employees ,
Sick Pay ,
Travel Restrictions ,
Traveling Employee ,
Unemployment Benefits ,
Wage and Hour ,
Workplace Safety
Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate...more
Since being enacted in the early 1990s, the Family and Medical Leave Act (FMLA) has provided meaningful protections for employees dealing with their own serious health issues or those of immediate family members through...more
Employers seeking to juggle employee leave demands with their own regulatory compliance obligations received clarification from the U.S. Department of Labor (DOL). Specifically, the DOL published a clarifying opinion letter...more
OSHA recently announced it will no longer bring union representatives to inspections of non-unionized workplaces. As a result, barring a designation by an employee (which I'll discuss further below), non-unionized employers...more