New York may join several other states that have essentially banned post-employment non-compete agreements, including California, Minnesota, North Dakota, and Oklahoma. Governor Kathy Hochul is considering a bill that was...more
The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L...more
The Pregnant Workers Fairness Act (PWFA), a new federal law protecting the rights of pregnant workers, takes effect on June 27th. The bill was signed into law at the end of 2022 to require employers to provide reasonable...more
6/27/2023
The Department of Labor has recently issued guidance on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act was signed into law on December 29, 2022, amending the Fair Labor Standards...more
The National Labor Relations Board (Board) continues to expand its authority to impose remedies on employers in its decision in Noah’s Ark Processors, LLC; rendering an unusual advisory opinion on the extent of the remedies...more
Last month we published an article on the NLRB’s decision in McLaren Macomb Hospital where the Board reversed course on the NLRB’s prior position on interpreting severance agreements under Section 7 of the NLRA. In McLaren,...more
4/5/2023
/ Confidentiality Agreements ,
Contract Terms ,
New Guidance ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Section 7 ,
Separation Agreement ,
Severance Agreements
Employers often assume that a highly compensated supervisory employee will not be entitled to overtime pay when the employee works more than forty hours in a work week. That assumption proved to be incorrect in a recent U.S....more
THE MCLAREN RULING -
Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm...more
3/3/2023
/ Confidentiality Agreements ,
Contract Terms ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unions
On Jan.5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would effectively ban the use of non-compete agreements in employment contracts and preempt all state laws that provide less protection to...more
The reported rate of union membership in the United States has been decreasing for the past 40 years, with recent numbers no exception to the slide downhill. Those numbers, however, are deceiving...more
Last week, the Federal Trade Commission (FTC) published the Non-Compete Clause Rulemaking, a proposed rule that would prohibit the use of non-compete agreements and preempt all state laws that provide less protection to...more
Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment. The Act, which...more
Earlier this month, New York City became the latest jurisdiction to impose pay transparency requirements on employers. Effective November 1, 2022, New York City’s Pay Transparency Law, an amendment to the New York City Human...more
Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has over 300 of its locations in the throes of union campaigns. Employers targeted by recent union...more
Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more
10/12/2022
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Appeals ,
Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Civil Rights Act ,
Cybersecurity ,
Data Collection ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Hybrid Plan ,
Infrastructure ,
Popular ,
Title VII
On June 24, 2022, the United States Supreme Court overturned the constitutional right to abortion established in Roe v. Wade. In Dobbs v. Jackson Women’s Health, a 6-3 decision, the Supreme Court upheld a Mississippi law...more
10/4/2022
/ Abortion ,
Anti-Abortion Memorandum ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Dobbs v. Jackson Women’s Health Organization ,
Due Process ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
NLRA ,
Roe v Wade ,
SCOTUS ,
Title VII
Last month, the United States Court of Appeals for the Second Circuit found that an employee’s sworn statement that she never electronically signed (or even saw) an arbitration agreement during the onboarding process were,...more
The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more
5/27/2022
/ Certiorari ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
SCOTUS ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Beginning July 6th of this year, hourly employees in the state of Ohio will have a new set of rules to follow in regard to their overtime pay. Last week, Governor DeWine signed Ohio Senate Bill 47 into law which was touted as...more