On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more
3/6/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Separation Agreement ,
Severance Agreements ,
Termination
Employee communications and use of company devices are often key issues in trade secret and related litigation. United States law, for the most part, has been very supportive of an employer’s ability to engage in aggressive...more
Overturning nearly 20 years of lower-court precedent, on April 4, 2022, the Massachusetts Supreme Judicial Court (SJC) issued a landmark decision holding that an employer is strictly liable for treble damages for any late...more
Following a rare showing of bipartisan support, yesterday President Biden signed into law a landmark bill making it easier for individuals to pursue workplace sexual harassment claims in court and striking a blow to...more
On January 29, 2021, the Occupational Safety and Health Administration (OSHA) issued updated guidance aimed at helping employers implement COVID-19 Prevention Programs to better identify workplace risks that could lead to...more
2/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Executive Orders ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Recordkeeping Requirements ,
Reporting Requirements ,
Workplace Hazards ,
Workplace Safety
In a landmark decision today, the U.S. Supreme Court ruled in Bostock v. Clayton County Georgia that federal law protects gay, lesbian, bisexual, and transgender workers from employment discrimination.
In a 6-3 opinion...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On June 11, the U.S. Equal Employment Opportunity Commission (EEOC) updated its question and answer document What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The latest Guidance,...more
6/16/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
New Guidance ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rehabilitation Act ,
Workplace Safety
On March 18, 2020, we published an alert informing employers that, due to the severity of the COVID-19 outbreak, they could lawfully take employees’ body temperatures as a condition of their entering the workplace. At that...more