Title VII claims alleging employment discrimination are analyzed under the McDonnell Douglas framework which requires that the employee first show that they are a member of a protected class (race, color, religion, sex,...more
In a decision on Aug. 20 impacting employers and employees nationwide, the U.S. District Court for the Northern District of Texas granted Plaintiff Ryan LLC’s motion for summary judgment, set aside the FTC’s Noncompete Rule...more
8/22/2024
/ Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finalized its harassment guidelines addressing workplace misconduct. The new guidelines, which supersede the EEOC’s 1990s publications, address the #MeToo...more
The Equal Employment Opportunity Commission (EEOC) has submitted its final Pregnant Workers Fairness Act (PWFA) which will take effect June 19, 2024. The final rule includes the EEOC’s stance that applicable conditions...more
Key Takeaway: Employers can increase protection against § 1981 lawsuits by including a statute of limitations provision in their employment application. The Fifth Circuit recently remitted a jury award in favor of the...more
On January 10, 2024, the United States Department of Labor (“DOL”) issued a final rule that will become effective on March 11, 2024, revising the DOL’s guidance used to determine an individual’s status as an employee or an...more
The U.S. Equal Employment Opportunity Commission (EEOC) released draft enforcement guidance for workplace harassment on September 30, 2023. The public will be able to view and comment on the guidance until November 1, 2023....more
On August 16, 2023, the Pennsylvania Human Relations Commission (PHRC)’s new regulations went into effect. The Pennsylvania Human Relations Act (PHRA), the state law prohibiting discrimination, expanded the definitions for...more
On May 30, 2023, the Department of Labor (DOL) released an opinion letter clarifying how holidays impact FMLA. Whether the holiday time counts against FMLA depends on two factors:
1.Whether the employee took a partial week...more
Per a recent Third Circuit ruling, employers do not destroy the salary basis test for exempt employees by making fringe benefit deductions. The Third Circuit held that the term “salary” does not include fringe benefits such...more
In a return to pre-Trump era precedent, the National Labor Relations Board (“NLRB”) has determined that employers violate federal labor law if they offer severance agreements prohibiting employees from making disparaging...more
In a case likely to be the first of many, a New Jersey Superior Court has ruled that an employee who takes medical leave due to COVID-19 symptoms and exposure may be protected by New Jersey’s whistleblower and...more
Key Takeaways:
•Notice to affected employees to be provided at least 90 days in advance
•Mandatory severance for employees
•WARN requirements triggered by mass layoffs impacting at least 50 employees
•Part-time...more
Key Takeaways:
•California and Washington join New York City and Colorado as businesses advertising job postings must also post the position’s minimum and maximum salary range.
•New York City, California, Colorado and...more
On August 5, 2022, updated rules affecting tipped workers and salaried workers who work a fluctuating work schedule will go into effect. Below is a summary of these regulations:...
...more