Running a background check? – Don’t run from these disclosures
6/28/23
By: Mandy D. Hexom and Thomas Livingston
Background checks are standard procedure for many employers as part of the employee application or onboarding process. It seems obvious that the applicant or employee knows they are consenting to a background check, …
NLRB Continues To Enter New Territory By Advising That Non-Compete Agreements Violate The NLRA
6/12/23
By: Zachary Jarvis and Brad Adler
On the heels of the NLRB’s controversial decision in McLaren Macomb, 372 NLRB No. 58 (2023) finding generally that non-disparagement and confidentiality provisions violate the National Labor Relations Act (NLRA), the NLRB’s General …
Texas is Latest State to Enact Crown Act
5/31/23
By: Robert Chadwick and Lynne Finley
On Saturday, May 17, 2023, Texas Governor Greg Abbott signed House Bill 567, a new law banning race-based hair discrimination in Texas schools, housing and workplaces. Texas thus joins twenty other states which have …
What Constitutes an Adverse Employment Action in a Discrimination Claim? The District of Connecticut Weighs In
4/19/23
By Jody Cappello and Tara Sheldon
In Jones v. Walmart Store No. 2585 et al., the United States District Court for the District of Connecticut addressed the burden a plaintiff must meet to establish an adverse employment action under …
Disaster Preparedness for Employers: Fifth Circuit Affirms the Importance of Proactive Practices in Responding to Discrimination and Harassment Complaints
3/20/23
By: Tia Combs and Allison Spears
In Hudson v. Lincare, Inc., the Fifth Circuit provided employers with a roadmap for the proper response to claims of co-worker harassment. As discussed below, the case exemplifies how prompt and deliberate action …
What Non-Union Employers Need to Know After NLRB Nixes Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements
3/10/23
By: Bob Chadwick and Gabriel Canto
As part of a permanent furlough in 2020, McLaren McComb, a union teaching hospital, offered 11 union employees severance agreements offering severance payments in exchange for releases of claims and the following clauses:
Clause…
Geotracking Regulatory Trend is Expanding to Employers
1/17/23
By: Justin Boron
You probably already know that your apps know where you were last night. But did you know that employers might too?
It is all but accepted that our geolocations are being tracked, which is part and parcel …
Congress Passes Pregnancy-Accommodation Statute and Updated Nursing Mothers Law: What Employers Need to Know
1/13/23
By: R. Victoria Fuller and Emily Kowalik
Two new federal laws aimed at increasing protections for pregnant and breastfeeding employees will go into effect in 2023: the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing …
The FTC proposes rule banning non-compete agreements
1/12/23
By: Jennifer L. Markowski, R. Victoria Fuller, Christopher J. Redd
On January 5, 2023, the Federal Trade Commission proposed a new rule that would prohibit employers from imposing non-compete agreements on their workers, with very limited exceptions. The …
The National Labor Relations Board Expands Available Remedies for Labor Violations
12/19/22
By Robert Chadwick and Caroline Wu
On December 13, 2022, the National Labor Relations Board (“NLRB”) in Thryv, Inc. significantly expanded the remedies available to employees who allegedly suffer economic losses due to an employer’s alleged unfair labor practice. Traditionally, …
Important Takeaways From The Massachusetts Commission Against Discrimination’s Fiscal Year 2022 Annual Report
12/16/22
By: R. Victoria Fuller and Sean Andrés Rapela
Fiscal Year 2022 (“FY22”) marked the Massachusetts Commission Against Discrimination’s (“MCAD” or “Commission”) 75th year in existence. Like many government agencies, the MCAD faced a multitude of challenges as a result …
An Employer’s Primer on the Speak Out Act
12/12/22
By: Tia J. Combs
On December 7, 2022, President Biden signed the Speak Out Act (S. 4524; Public Law No. 117-224). As the law is effective immediately, employers must act quickly to understand how the new law may impact their …