Separation Non-Confidential: The continuing viability of confidentiality and non-disparagement provisions in separation agreements in the aftermath of the NLRB’s McClaren Decision The National Labor Relations Board (NLRB) [...]
Category: Employment Law
The Pregnant Workers Fairness Act Expands Workplace Protections for Pregnant Employees and Applicants Suffering From Physical or Mental Conditions
March 24, 2023
Employment Law
The United States Congress recently enacted the Pregnant Workers Fairness Act (“PWFA”), effective June 27, 2023. The new law applies to private employers with 15 or more employees and certain public sector employers. [...]
Acknowledging Federal Holidays in the Workplace
December 7, 2022
Employment Law
Acknowledging Federal Holidays in the Workplace — Including Juneteenth (United States) | Association of Corporate Counsel (ACC) The term “holiday” brings with it the opportunity for employees to celebrate, travel, [...]
On October 13, 2022, the Wage and Hour Division of the U.S. Department of Labor (DOL) published a proposed rule which — if adopted — would modify its analysis for determining whether a worker is an employee or [...]
Supreme Court Holds That Employers Cannot Discriminate Against LGBTQ Workers Under Title VII
June 1, 2020
Employment Law
The majority opinion pointed to the plain language of Title VII, which makes it “unlawful … for an employer to fail or refuse to hire or to discharge an individual, or otherwise to discriminate against an individual [...]
If there weren’t enough considerations for an employer to balance in the Due to the continuing spread of the coronavirus disease (COVID-19), the World Health Organization (WHO) officially declared COVID-19 a pandemic.[1] [...]
Minimum Wage, Overtime Exemption: Labor Department Imposes Salary Threshold Hike
September 22, 2019
Employment Law
The new $35,568 threshold, effective January 1, 2020, is applicable to all employees who an employer seeks to classify as exempt as an executive, administrative, or professional employee. On September 24, 2019, the U.S. [...]
Federal Court Rules that Walmart Firing Violated the Arizona Medical Marijuana Act
May 9, 2019
Employment Law
A terminated employee’s successful lawsuit underscores the importance of employers exercising caution when making employment decisions on medical marijuana cardholders. In 2013, an Arizona Walmart employee, Carol [...]
The NLRB’s determination could prevent Uber drivers and similarly situated workers in other industries from asserting rights under the National Labor Relations Act. Pursuant to an April 16, 2019, memo, the National [...]
U.S. Supreme Court Upholds Enforceability of Agreements that Prevent Employee Class and Collective Action Lawsuits
May 8, 2018
Employment Law
Are employer-mandated class action waivers enforceable? The Supreme Court’s answer: “Yes.” After years of differing viewpoints opined by the National Labor Relations Board and various conflicting Circuit Court [...]