The Federal Trade Commission (“FTC”) just approved a rule that would largely prohibit making or enforcing employee noncompete agreements. The U.S. Chamber of Commerce and others have already sued to block the new rule. What...more
On February 8, 2024, the United States Supreme Court issued its unanimous decision in Murray v. UBS Securities, LLC, concluding there is no implicit “retaliatory intent” requirement for whistleblower claims brought under the...more
2/13/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Hiring & Firing ,
Murray v UBS Securities LLC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities Violations ,
UBS ,
Whistleblower Protection Policies ,
Whistleblowers
Data from 2022 portends a monumental year ahead for Equal Employment Opportunity (“EEO”) litigation and enforcement. Plaintiffs are filing class-based-employment claims in higher numbers than ever, and class actions involving...more
2/3/2023
/ Class Action ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
Pregnancy Discrimination ,
Religious Accommodation ,
Settlement ,
Sexual Harassment ,
Title VII ,
Whistleblower Protection Policies ,
Whistleblowers
When the subject of the National Labor Relations Act (the “NLRA,” or, more succinctly, the “Act”) is broached, employment lawyers often hear a familiar refrain: “The Act doesn’t apply to me because my employees are not...more
7/7/2022
/ Dobbs v. Jackson Women’s Health Organization ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Section 7 ,
Social Networks ,
Unions
Employers with 100 or more employees should continue to develop policies requiring workers either to be fully vaccinated against COVID-19 or to submit to weekly testing and other safety requirements, in the expectation that...more
11/9/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Reporting Requirements ,
State and Local Government ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
On September 30, 2021, the Federal Acquisition Regulation (“FAR”) Council issued a memorandum requiring that most federal contractors and subcontractors include a clause in future contracts and subcontracts that require...more
10/7/2021
/ Biden Administration ,
Contract Terms ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Public Contracts ,
Remote Working ,
Subcontractors ,
Vaccinations
On September 9, 2021, the Biden Administration announced its new COVID-19 Action Plan (the “Action Plan”), which outlines a six-pronged approach to combat the pandemic. The wide-ranging Action Plan lays out plans to vaccinate...more
9/14/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
OSHA ,
Private Sector ,
Subcontractors ,
Temporary Regulations ,
Tribal Governments ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This morning (on May 6, 2021), Minnesota Governor Tim Walz issued Emergency Executive Order 21-21, which adopts a three-phase plan to relax or eliminate nearly all COVID-19 restrictions on businesses and social gatherings by...more
With the December 31, 2020 expiration of the Families First Coronavirus Response Act (“FFCRA”) fast approaching, on December 28 President Trump signed into law the Consolidated Appropriations Act of 2021 (the “CAA”). Although...more
With the United States experiencing the largest surge in cases since the COVID-19 crisis began, the Food and Drug Administration (“FDA”) recently granted emergency-use authorization of Pfizer’s and Moderna’s COVID-19...more
On November 18, 2020, Minnesota Governor Tim Walz issued Emergency Executive Order (EO) 20-99, “Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19” (the “Order”) to address the recent...more
While COVID-19 has forced the closure of schools across the country, the United States Department of Education (“ED”) has issued much-anticipated rule that will impose significant new obligations for schools - in particular,...more
5/12/2020
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Educational Institutions ,
Gender-Based Violence ,
Investigations ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
On March 31, the United States Department of Labor (“DOL”) issued its temporary rule implementing the Families First Coronavirus Response Act (“FFCRA”), including the paid-leave benefits provided in the Emergency Paid Sick...more
Since the Families First Coronavirus Response Act (“FFCRA”) was passed into law on March 18, 2020, crucial questions about the Act’s requirements have remained unanswered. Yesterday (on March 26, 2020), the United States...more
On Wednesday afternoon (March 18), the Senate passed the revised House bill by an overwhelming 90-8 margin. The bill - including the technical corrections made on Monday by the House of Representatives - was sent to the...more
Earlier today, the Supreme Court of the United States granted review of a triad of cases addressing whether Title VII, the federal statute prohibiting certain types of discrimination in employment, prohibits discrimination...more
4/23/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Discrimination ,
Employment Litigation ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender