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 …
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 …
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, …
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 …
Is Time Rounding the Next Employment Practice to Fall in California?
11/21/22
By: Craig Tomlins
For years, state and federal courts, as well as administrative agencies, have allowed California employers to use time rounding policies so long as they are neutral on their face and neutral as applied. Because of this, many …
California Further Expands Leave Rights for Employees Caring for Loved Ones
10/27/22
By: Mandy Hexom
On September 29, 2022, California’s Governor signed into law Assembly Bill 1041 amending the law requiring employers with 5 or more employees to grant up to 12 weeks of medical leave for family care and medical leave. …
“Quiet Quitting” and the Great Resignation: How Should Employers Respond?
10/24/22
By: Megan Gable and R. Victoria Fuller
Recently, “quiet quitting” has taken over social media and the news as employees across the country openly declare a change in attitude, perception, boundaries, and work ethic. Quiet quitting has no single definition, …
10/11/22
By: Parisa Saleki
In Musgrove v. Silver, the California Court of Appeals held that famed Hollywood producer Joe Silver was not liable for the drowning death of his assistant, Carmel Musgrove.
In 2015, Silver attended actress Jennifer Aniston’s wedding …