News & Analysis as of

Employer Rights

Offit Kurman

JFK–Bessette: When an Employee Becomes the Headline—How Much Control Do Employers Have Over Public Image?

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Ryan Murphy’s dramatization of the relationship between Carolyn Bessette Kennedy and John F. Kennedy Jr. offers an extreme illustration of a workplace issue that employers increasingly face—when an employee’s personal profile...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Require Employers to Tolerate Use of THC During Working Time

At times I think I have heard every possible excuse from employees trying to avoid disciplinary action, but one situation last week posed claims I have not encountered. An employer smelled marijuana and discovered that an...more

Wiley Rein LLP

Eighth Circuit Upholds Businesses’ Discretion to Control Their Own Brands

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In a recent decision, the Eighth Circuit held that a retailer could, consistent with the National Labor Relations Act, terminate an employee who displayed a political message on the company-branded uniform. In doing so, the...more

Littler

I Want My Money Back: A Primer on Recovering Inadvertent Overpayments

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A common conundrum for employers is what to do when they accidentally overpay employees. Even the most diligent employers are not immune from inadvertent overpayments, especially when grappling with an increasingly complex...more

Fisher Phillips

Employer Guide to Election Day 2025: What’s at Stake + 4 Key Compliance Considerations

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The 2025 election season may have slipped under your radar, which is no surprise given it’s an off-year election – wedged between last year’s nationwide showdown and the 2026 midterms just around the corner. However, this...more

Fisher Phillips

California’s Captive Audience Ban Blocked: What Your Business Needs to Know

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California employers can breathe easier when requiring staff to attend meetings regarding their position on unionization efforts – so-called “captive audience” meetings – following a federal court striking down a new Golden...more

Littler

The Netherlands: Fixed Business Closure? Keep an Eye on Your Sick Employees' Vacation Days

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The holiday period is nearly upon us again. Lots of businesses, even those in the hospitality industry, close for a few days or weeks a year. During a business closure like this in the Netherlands, employees are usually...more

Bradley Arant Boult Cummings LLP

The ABCs of CBD? Kind of… 8th Circuit Affirms Termination of Employee Failing Drug Test for Hemp Pain Oil

You want a safe workplace and have adopted a Drug Free Workplace policy. You may even have government contracts that require you to drug test your employees. How does the brave new world of legalized marijuana, medical...more

Fisher Phillips

Farm Employers Score Major Win in H-2A Dispute – How Your Business Should Respond to Federal Appeals Court Decision

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A federal appeals court just ruled that the Department of Labor’s administrative system for imposing civil penalties on agricultural employers for H-2A violations is unconstitutional, handing businesses across all industries...more

Conn Maciel Carey LLP

Changes on the Horizon for the National Labor Relations Board

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A period of inactivity at the top adjudicative level of the National Labor Relations Board (NLRB) may soon be over with the potential appointment of two new Board members. Last week, the President nominated Scott Mayer and...more

Lowndes

Florida’s Choice Act Enhances Employer Enforcement of Noncompete Agreements

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The proposed Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act marks a substantial development in Florida’s treatment of noncompete agreements....more

Genova Burns LLC

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

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A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more

CDF Labor Law LLP

[Webinar] An Employer’s Playbook for ICE Audits & Workplace Raids - June 24th, 10:00 am - 10:45 am PT

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As we have all seen in the news, employers everywhere, and especially in California, are experiencing a marked uptick in workplace immigration enforcement activity. ICE audits and unannounced raids can occur without warning,...more

Fisher Phillips

Texas Supreme Court Lets Employers Shift Fault To Third Parties In Worker Injury Suits: Key Takeaways For Workers’ Comp...

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Texas employers that opt out of the state’s workers’ compensation program recently received a big win that will impact litigation strategies. While workers’ comp provides a no-fault system, employers that elect not to...more

Hanson Bridgett

[Webinar] Rapid Response – Employer Readiness for Responding to Immigration Enforcement in the Workplace - June 17th, 12:00 pm -...

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In light of recent immigration enforcement activity and heightened federal scrutiny, employers must be prepared to respond swiftly and lawfully if immigration officers (ICE or otherwise) appear at their workplace. In this...more

Akerman LLP - HR Defense

Florida Has Made the Bold “CHOICE” to Bolster Enforceability of Non-Compete Agreements With a New Law Taking Effect This Summer

The Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act takes effect July 1, 2025, expanding employers’ rights in enforcing non-compete and garden leave agreements with Florida-based...more

Vorys, Sater, Seymour and Pease LLP

GC Nominee Likely Has Employer-Friendly NLRB Priorities

In March, President Donald Trump nominated Crystal Carey for the position of National Labor Relations Board general counsel. If the U.S. Senate confirms her nomination, Carey, who is an experienced labor relations...more

McAfee & Taft

Change on the horizon: The NLRB’s continued shift toward more employer-friendly policies

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Under the Biden administration, the National Labor Relations Board was aggressive in implementing employee- and union-friendly decisions and interpretations of the National Labor Relation Act. Within a week of being sworn in,...more

Vorys, Sater, Seymour and Pease LLP

Trump Names Crystal Carey as NLRB General Counsel Nominee

President Trump has named a nominee for the NLRB General Counsel position: Crystal Carey, a management-side labor relations partner at the New York office of law firm Morgan Lewis & Bockius LLP. Carey’s nomination is an...more

Fisher Phillips

Pop Quiz: Test Your 2024 Workplace Law Knowledge

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Did you keep up with all the workplace law updates in 2024? Take our quiz to see if you can score a perfect 10 or need to do some catch-up work. After jotting down your answers, use the answer key at the end (no peeking!) to...more

Davis Wright Tremaine LLP

[Webinar] Second Annual Employment Services Seminar for Washington Metro Clients - November 19th, 10:00 am - 1:15 pm ET

Join us for DWT’s Second Annual Employment Services seminar for Washington, D.C.-area clients and contacts on Tuesday, November 19. The agenda is now available!...more

Goulston & Storrs PC

Political Speech in the Workplace: Legal Considerations for Employers

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As the 2024 U.S. presidential election approaches, many employers are bracing themselves for a wave of political discussions—and tension—in the workplace and elsewhere. Navigating these inevitable interactions and the...more

Spilman Thomas & Battle, PLLC

Five Best Practices for Effective Workplace Investigations

A safe, productive workplace is one in which issues are dealt with in a swift, fair, and consistent manner. One of the primary tools for accomplishing this goal is a credible, thoughtful process to identify, analyze, and...more

Conn Maciel Carey LLP

[Webinar] Preparing for and Managing Cal/OSHA Inspections - August 21st, 10:00 am PT

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Cal/OSHA has emerged from the pandemic with new tools, resources, and energy for enforcement efforts. As the agency increases its inspections and implements more thorough inspection strategies, it is more important than ever...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part VI: Employees’ and Employers’ Rights When Interacting With OSHA

This is the sixth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

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