NCAA student-athletes may be employees under the FLSA
7/23/24
By: Noël Couch
The debate over whether college athletes should be paid has grown commonplace and contentious over the past decade as the business of college sports has thrived amid billion dollar television contracts and while coaches are receiving similarly …
AI for hire: The well-intentioned bias
7/17/24
By: Christopher J. Fulmer
As companies seek to maximize productivity and efficiency, some employers are attempting to harness the innovative power of Artificial Intelligence (AI) to find the “best” job applicants without having to spend valuable manhours sorting through applications …
Recent Third Circuit decision reminds employers they must swiftly respond to pregnancy-related accommodation requests
7/16/24
By: Shane Miller
To avoid potential legal liability, employers must promptly respond to accommodation requests by pregnant employees.
That is the key lesson from a recent decision by the Third Circuit Court of Appeals in Peifer v. Board of Probation …
Understanding California’s new workplace violence prevention requirements
7/3/24
By: Christopher J. Fleissner
California employers must now comply with new legislation that aims to improve workplace safety. Senate Bill 553 (the “Workplace Violence Prevention Act” or “WVP Act”) took effect July 1, 2024, and requires employers in the state …
The Supreme Court tightens employer protections against claims for equitable relief by the NLRB
6/26/24
By: Allison H. Eddy
On June 13, 2024, the United States Supreme Court issued its opinion in Starbucks Corp. v. National Labor Relations Board, resolving a long-standing Circuit split over the test district courts must employ to evaluate petitions by …
Paying college athletes – it’s about Title IX, not titles won
6/17/24
By: Noël Couch
On the heels of the U.S. Department of Education announcing the release of its final Title IX Regulations on April 19, 2024, the NCAA and its five power conferences agreed on May 23, 2024 to a multi-billion …
It pays to be sick: Connecticut broadens its paid sick leave law
6/5/24
By: Jody N. Cappello and Ryan Giggi
Attention employers! On May 21, 2024, Connecticut Governor Ned Lamont approved an expansive update to Connecticut’s Paid Sick Leave Law. The updated version significantly benefits employees and increases an employer’s obligations to provide …
NJ Supreme Court rules non-disparagement clause unenforceable in discrimination/harassment/retaliation settlement agreement
6/3/24
By: Kaitlyn Grajek
Earlier this month, the Supreme Court of New Jersey entered a unanimous decision in the matter of Savage v. Township of Neptune, et al. limiting the enforceability of non-disparagement clauses in employment contracts and settlement agreements.
This …
More than you may think: What employers need to know about the EEOC’s latest guidance on harassment in the workplace
5/2/24
By: Kyle M. Ridgeway
On Monday, April 29, 2024, the Equal Opportunity Employment Commission (“EEOC”) published the updated Enforcement Guidance on Harassment in the Workplace following the most recent revisions since 1987 and 1999. Importantly, the new guidance addresses issues …
Supreme Court removes “significance test” requirement from Title VII Sex Discrimination Claims, resolving circuit split
5/2/24
By: Katherine C. Chenail and Courtney M. Knight
On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, Missouri, et al. 601 U.S. ____, (2024), and made it easier for employees to allege …
U.S. Chamber of Commerce and business groups file lawsuit challenging FTC noncompete ban
4/26/24
By: Sunshine R. Fellows
As previously reported, the Federal Trade Commission (“FTC”) approved a rule on April 23, 2024 banning virtually all new noncompete clauses in employment contracts and invalidating existing noncompete agreements except for those covering certain senior …
The FTC votes to ban most Non-Compete Agreements – significant legal challenges expected
4/24/24
By: Sunshine R. Fellows
During an open meeting on Tuesday, April 23, 2024, the Federal Trade Commission voted 3-2 to approve a Final Rule banning non-compete agreements nationwide. The Final Rule will take effect 120 days after its publication in …