The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a...more
In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant...more
1/11/2023
/ Arbitration ,
Breastfeeding ,
Civil Rights Act ,
Confidentiality Agreements ,
Federal Arbitration Act ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Pregnant Workers Fairness Act ,
Sexual Assault ,
Sexual Harassment ,
Title VII
On January 5, 2023, the FTC issued a Notice of Proposed Rulemaking (“proposed Rule”) that would ban most non-competition agreements in the United States and put to the wastebin the 50-state patchwork of laws that currently...more
For the last two decades, with the principal exception of California and a handful of other jurisdictions, non-competition covenants have been a standard component of the defense architecture for U.S. companies to protect...more
The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020 and becomes effective on April 2, 2020. As part of the FFCRA Congress enacted the Emergency Family and Medical Leave Expansion Act...more
The FFCRA, passed by Congress on March 18, 2020, expands the Family and Medical Leave Act on a temporary basis and allows an eligible employee to take up to 12 weeks of job-protected leave to care for the employee's child if...more
AB 5 (Codifies the “ABC” Test for Contractor Status) -
AB 5 codifies the “ABC” Test for determining contractor status which was adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of...more
1/15/2020
/ ABC Test ,
Anti-Harassment Policies ,
Arbitration ,
Cal-OSHA ,
California Consumer Privacy Act (CCPA) ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Flexible Spending Accounts ,
Hairstyle Discrimination ,
Independent Contractors ,
Lactation Accommodation ,
Minimum Wage ,
Organ Donation ,
Paid Family Leave Law ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations ,
Training Requirements ,
Unpaid Wages ,
Wage and Hour