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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

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The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

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

Employer’s ‘Take It or Leave It’ Offer of Remote Work as Reasonable Accommodation Is a Jury Question, D.C. Circuit Rules

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On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s...more

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Ballard Spahr LLP

DOL Authority to Increase Overtime Compensation Thresholds Affirmed

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On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary...more

Epstein Becker & Green

Court of Appeals for the Tenth Circuit Rules That Secretly Recording Co-Workers Dooms Retaliation Claim

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The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings. In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit...more

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

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In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Noncompete Rule Is Set Aside, But Appeal Is Expected and States May Act

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On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That...more

Fisher Phillips

Two Recent Federal Court Decisions Conflict with Exception to FTC Non-Compete Ban: Your 3 Steps for Litigating Accrued Non-Compete...

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Even though the FTC’s impending rule that will ban most non-competition agreements specifically carves out claims for violations that accrue before the rule goes into effect – an exception that many federal courts have...more

DarrowEverett LLP

2024 Employment Law Updates: Discussing FTC, NLRB, and Pay Equity Matters

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As we move into the latter half of 2024, several notable changes are shaking up employment law across the U.S. The Federal Trade Commission (FTC) is preparing to enforce a new rule banning most noncompete agreements starting...more

Bradley Arant Boult Cummings LLP

Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit

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When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more

Fisher Phillips

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

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Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Update Regarding FTC’s Ban on Non-Compete Agreements

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On July 3, 2024, the United States District Court for the...more

Sunstein LLP

Coping With the FTC Ban on Non-Competition Agreements

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On April 23, 2024, the Federal Trade Commission issued its long-expected non-compete ban (the “Rule”). The Rule, which is scheduled to go into effect on September 4, 2024, will ban nearly all non-competes across the country....more

Faegre Drinker Biddle & Reath LLP

Paving the Way for California PAGA Reform: AB 2288 and SB 92

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On June 27, 2024, California Gov. Newsom signed legislation — Assembly Bill (AB) 2288 and Senate Bill (SB) 92 — that substantially reforms the Labor Code Private Attorneys General Act of 2004 (PAGA) The legislation, which was...more

Dentons

Assessing Payroll Rounding Policies After Wage Hour Class Action Suit

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A recent concern in the healthcare sector, specifically hospitals, is a large class action wage hour claim in the state of Washington, Bennett v. Providence Health & Services. In this instance, a review of the order granting...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

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The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Finds Employee's Protest of COVID-19 Measures Protected Concerted Activity

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The National Labor Relations Act’s employee protections extend beyond unionized workplaces or those undergoing organizing activities. Section 8(a)(1) of the NLRA prohibits employers from retaliating against employees who...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

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

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Epstein Becker & Green

New Year, New Changes for California Employers in 2024

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As 2024 quickly approaches, so, too, do many new obligations and restrictions for employers with California employees. Below, we summarize significant changes to hiring and workforce management, litigation, wage and hour,...more

Troutman Pepper

Employer Drug-Testing Policies Must Evolve With State Law

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While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

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In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Seyfarth Shaw LLP

No Harm, No Foul?  The Legacy of TransUnion Two Years Later

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Seyfarth Synopsis: On June 25, 2021, the U.S. Supreme Court issued its pivotal ruling in TransUnion LLC v. Ramirez (“TransUnion”). As reported here...more

Carlton Fields

2 Ways Calif. Justices' PAGA Ruling May Play Out

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Under California's Private Attorneys General Act, does an aggrieved employee — who has been compelled to arbitrate their individual claims under PAGA and the California Labor Code — maintain statutory standing to pursue PAGA...more

Pullman & Comley - Labor, Employment and...

The Doctrine of “Wrongful Discharge in Violation of Public Policy” Takes Flight Again in Decision of the Connecticut Supreme Court

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On Tuesday, March 21, 2023, the Connecticut Supreme Court announced a significant new decision concerning lawsuits by employees alleging “wrongful discharge in violation of public policy.”  Most employers in Connecticut are...more

Fisher Phillips

Canada: BC Supreme Court Upholds Mandatory Vaccination Policy for Non-Unionized Employees

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The British Columbia Supreme Court recently sided with an employer in its first civil case determining whether employees may be placed on unpaid leave for failing to comply with a mandatory vaccination policy. The court’s...more

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