Texas court invalidates Pregnant Workers Fairness Act under Quorum Clause
3/11/24
By: William H. Buechner, Jr.
A Texas district court has held that the Pregnant Workers Fairness Act (the “PWFA”) is invalid because it was enacted in violation of the Quorum Clause of the Constitution. In Texas v. Garland, —- …
Third Circuit rules that requiring employees to provide letter from clergy to support accommodation request may constitute religious discrimination
2/21/24
By: Shane Miller
The Third Circuit Court of Appeals (which includes Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands) recently made clear that an employer should avoid taking two actions when responding to an employee’s request for a workplace …
Is it time to revisit your Non-Compete? Limited Partnership Non-Compete provision endorsed
1/31/24
By: Scott Eric Anderson
In an environment when non-competition agreements have been under attack, the Delaware Supreme Court on January 29, 2024 validated and endorsed the enforcement of a limited partnership agreement’s non-compete tied to an income-forfeiture provision applicable to …
California expands employment discrimination claims to now include off work cannabis use
12/28/23
By: John K. Rubiner and Adam Manaa
On January 1, 2024, California Senate Bill 700 (“SB 700”) will go into effect. SB 700 amends the California Fair Employment and Housing Act (“FEHA”) to prohibit employers from taking any adverse action …
Overalls and overtime: compensation for donning and doffing after Tyger v. Precision Drilling Corp.
11/20/23
By: Edward Patrick Pozo, Nicole T. DuGan, and Justin J. Boron
Recently, the Third Circuit Court of Appeals analyzed when donning and doffing activities will be compensable under the Fair Labor Standards Act (“FLSA”). Tyger v. Precision Drilling …
Third Circuit provides useful reminder about the importance of statistical evidence in disparate impact cases
10/31/23
By: Shane Miller
Recently in Stouffer v. Union Railroad Company, LLC, No. 22-1680, (3d Cir. Oct. 26, 2023), the Third Circuit Court of Appeals issued a precedential decision that serves as a useful reminder about the importance of statistical …
MA Legislature announces changes to MA Paid Family Medical Leave Program, requiring employers to allow employees to use paid leave to supplement weekly benefits
10/24/23
By: Katherine Chenail and Jennifer L. Markowski
The Massachusetts Legislature recently amended the Massachusetts Paid Family and Medical Leave Program, M.G.L. c. 175M, affecting employees’ ability to utilize paid leave, including sick time, vacation, paid time off, and personal time, …
California Supreme Court ruling expands the scope of potential defendants under FEHA
10/23/23
By: Tyler J. Jacobs and Daniel Parker Jett
The California Supreme Court recently issued a ruling in Raines v. U.S. Healthworks Medical Group, 15 Cal.5th 268, 312 Cal.Rptr.3d 301 (Aug. 21, 2023), which resulted in substantial legal implications on business …
A sign of things to come: Fifth Circuit expands scope of employment practices protected by Title VII
8/24/23
By: Robert Chadwick
On Friday, August 18, 2023, an en banc panel of the U.S. Court of Appeals for the Fifth Circuit reversed nearly three decades of precedent as to the reach of Title VII of the Civil Rights Act …
Don’t lose your right to arbitrate – separate provisions can permeate
8/9/23
By: Lynn Hollenbeck
Employers, beware. The Arbitration Agreement you have your employees sign may be rock solid, but an unconscionable provision in another onboarding document can permeate and vitiate it. In a case decided in April 2023 by the Second …
Georgia Court of Appeals Rules Employee Non-Solicitation Provision Must Have Geographical Limitation
7/6/23
By: Bradley T. Adler and Zachary W. Jarvis
While the future enforceability of non-compete provisions (and some other post-employment restrictive covenants) may be uncertain due to the recent efforts of the Federal Trade Commission, National Labor Relations Board and state …
Sexually Explicit and Violent Music Blared Throughout the Workplace May Constitute a Hostile Work Environment Based on Sex
6/29/23
By: Christopher J. Fleissner and Daniel Parker Jett
The Ninth Circuit recently ruled that an employer’s conduct can discriminate based on sex even if that conduct equally offends both men and women, and even if it does not target any …