The Virtual Workplace: Keeping it Clean (Literally and Figuratively)
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Employment Law Now IV-54- A Guest Discussion on 3 Significant Government Decisions
#BigIdeas2020: NLRB’s Actions Impact Employers in 2020 - Employment Law This Week® - Trending News
Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct...more
On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more
In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more
Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a Notice of Proposed Rule Making by the Federal Trade Commission (FTC) in late 2023,...more
A scroll through social media will quickly reveal that we’re in a new workplace era where the stigma attached to being fired or laid off is waning and many people are seeking solidarity online. In recent viral posts on...more
Das Bundesarbeitsgericht hatte sich in einer aktuellen Entscheidung (BAG, Urteil vom 24. August 2023 – 2 AZR 17/23, PM) damit auseinander zu setzen, inwiefern Äußerungen, die in privaten WhatsApp-Chatgruppen getätigt wurden,...more
In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more
Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more
On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations...more
Since October 1, 2020, Oregon employers have operated under the Workplace Fairness Act (“OWFA”), which restricts employers from including confidentiality, non-disparagement, and no-rehire provisions in settlement agreements...more
Severance agreements outline the rights and responsibilities of both the employer and employee at the point that an employee separates from their job. These contracts summarize the benefits the employee will receive upon...more
If you have been on social media today (or yesterday) or picked up a newspaper or listened to the radio or watched television—really if you have consumed news in any format, you likely are aware that POLITICO obtained an...more
Since 2018, Washington has prohibited employers from asking employees to sign agreements as a condition of employment that require the employee to keep confidential allegations of sexual assault or sexual harassment....more
In this hot labor market, businesses have been laser focused on hiring and retaining talent. While increased employee mobility leads to some exciting hires, it also means some workers are leaving for new opportunities. When...more
“The guidance reminds the public that the HIPAA Privacy Rule does not apply to employers or employment records.” On September 30, 2021, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights...more
On May 28, 2021, the EEOC released updated guidance regarding COVID-19 vaccinations and other commonly asked questions related to return to work. The important employer takeaways include...more
State and Local Order Rule and Regulatory Impact - Q: Does the CDC’s new guidance for vaccinated people impact state and local orders or rules that may still require mask wearing and social distancing? A: No. As...more
In the past decade, the prevalence of videoconferencing, social media, and other technological platforms have flooded college dorm rooms and boardroom meetings alike. The ubiquity of these technologies is unavoidable, and...more
On September 17, 2020, Governor Newsom signed Assembly Bill (AB) 685 into law, establishing new requirements for employers to notify employees and their unions about a potential COVID-19 exposure in the workplace. The new...more
The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws, on September 8, 2020, to create a comprehensive guide for...more
In maintaining business as usual as best it can amidst the ongoing COVID-19 crisis, the Board recently decided an issue concerning limitations on employer campaign tactics, and an employer’s limits in restricting discussions...more
Once an employee has been exposed to a suspected or confirmed case of COVID-19, what do you do? Once an employee has tested positive, what do you say?...more
As the number of coronavirus (COVID-19) cases climbs in the U.S. and across the world employers should prepare for practical and legal issues brought on by the disease. While these efforts are complicated by the fact that, to...more
In welcome news to employers, the National Labor Relations Board (NLRB) issued a decision on December 19, 2019, holding that employer rules requiring employee confidentiality during the course of workplace investigations are...more
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more