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Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v....more

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more

Pregnant Workers Fairness Act: Long Anticipated Final Rule Published by the EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), which became law on June 27, 2023. Employers previously relied on...more

EEOC Releases Proposed Workplace Harassment Guidance – 25 Years in the Making

On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment. The last EEOC guidance on workplace harassment was issued in 1999. The public will...more

What to Expect When You’re . . . Under the Pregnant Workers Fairness Act Proposed Rules

On August 7, 2023, the US Equal Employment Opportunity Commission (EEOC) issued proposed rules for implementing the Pregnant Workers Fairness Act (PWFA). Once published in the Federal Register, the public will have 60 days to...more

Supreme Court “Clarifies” Employer Duty to Make Religious Accommodations

On June 29, 2023, in Groff v. DeJoy, the US Supreme Court unanimously adopted a new interpretation of the standard for when an employee’s religious accommodation poses an “undue hardship” for an employer under Title VII of...more

NLRB Finds Employer's Use of Confidentiality and Non-Disparagement Provisions in Separation Agreements Violated Federal Law

The National Labor Relations Board (the Board) which enforces the National Labor Relations Act (the Act) ruled this week that confidentiality of the agreement and non-disparagement provisions in the separation agreements for...more

New Protections for Pregnant and Nursing Workers in 2023

On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding federal protections for both pregnant...more

Mandatory Arbitrations Now Banned in Sexual Misconduct Disputes

Today, March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the Federal Arbitration Act (“FAA”) by banning mandatory arbitration in...more

Federal Court of Appeals Allows OSHA's Vaccination/Testing Rule for Employers with 100+ Employees to Go Forward

Late this past Friday, December 17, a panel of the Sixth Circuit Court of Appeals issued an order dissolving the Fifth Circuit Court of Appeals' stay that had blocked implementation of OSHA’s Emergency Temporary Standard...more

Given deadlines set by Sixth Circuit, ETS likely stayed until at least December 10, 2021

Earlier this month, the Occupational Safety and Health Administration (“OSHA”) issued its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) requiring employers of 100 or more employees to implement...more

OSHA Issues COVID-19 Emergency Temporary Standard Requiring Employee Vaccination or Weekly Testing

Today the Occupational Safety and Health Administration (“OSHA”) published its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) in the Federal Register. The ETS applies to employers with a total of...more

New Federal Guidance Broadly Construes President's Executive Order Requiring Vaccination and Other COVID-19 Mitigation Measures...

This past Friday, September 24, 2021, the White House “Safer Federal Workforce Task Force” issued Guidance construing President Biden’s September 9 Executive Order concerning required COVID-19 vaccination and other safety...more

Biden's Plan to Combat COVID-19: Significance of Vaccination/Testing Requirements for Employers

On Thursday, September 9, 2021, as President Biden announced his new six-pronged plan to combat the continuing spread of COVID-19, he acknowledged, what was readily apparent from his actions and tone, that his “patience is...more

Texas Makes Big Changes to Sexual Harassment Law

As a result of two new Texas laws (SB 45 and HB 21), sexual harassment claims will now be treated differently than any other type of discrimination or harassment claim filed under state law. The new laws went into effect...more

OSHA's Revised COVID-19 Guidance Adopts CDC's Latest Recommendation on Masks for Vaccinated Employees, Advocates for Vaccination,...

In response to the modified COVID-19 recommendations published by the Centers for Disease Control and Prevention (CDC) on July 27, 2021, on Friday, August 13, 2021, the Occupational Safety and Health Administration (OSHA)...more

Latest CDC Mask/Testing Guidance Requires Employers to Evaluate Workplace Rules

The COVID-19 Delta variant has prompted a u-turn by the Centers for Disease Control and Prevention (“CDC”) on certain of its previous recommendations. In response, employers should take note that their workplace policies may...more

OSHA’s Revised COVID-19 Guidance Highlights Employer Duties for Unvaccinated and At-Risk Workers

On June 10, 2021, shortly after issuing its Emergency Temporary Standard (“ETS”) for healthcare settings, OSHA updated its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (“Updated OSHA...more

EEOC Issues Guidance Confirming Vaccine Incentives are Lawful, Among Other Updates

Earlier today, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited guidance concerning the permissibility of employer vaccination incentive programs and, at the same time, provided further guidance...more

Texas Governor Lifts Mask Mandate, but Employers Must Still Comply with the Occupational Safety and Health Act

Yesterday, March 2, 2021, the Governor of Texas, Greg Abbott, issued an order lifting his previously-imposed face covering mandate effective March 10. The order also removes certain other COVID-19 mitigation requirements...more

Vaccine Incentives: How Employers Can Encourage Employee Vaccination

As COVID-19 vaccines become available to broader groups during winter and spring 2021, employers are considering how they can encourage employees to get vaccinated. While the Equal Employment Opportunity Commission (EEOC)...more

EEOC Says Employers May Mandate COVID-19 Vaccinations - Subject to Limitations

With one pharmaceutical company already receiving emergency use authorization for its COVID-19 vaccine, and a second drug maker apparently on the cusp of receiving authorization, employers, eager to return to normal business...more

Religious Education Employers see Two Significant Jurisdictional Decisions in Summer 2020

Educational institutions across the nation are grappling with decisions on returning teachers, staff and administrators to work for the academic year 2020-2021 in the midst of the COVID-19 pandemic. Each institution must...more

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