In recent years, more and more states have begun to disfavor non-compete agreements and strictly construe them against employers.  Continuing with this recent trend, on July 9, 2021, President Biden issued an Executive Order [...]

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) [...]

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 — 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 [...]

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] [...]

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. [...]

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 [...]