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 …
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 …
The FTC votes to ban most Non-Compete Agreements – significant legal challenges expected
4/24/24
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 …
DOL releases final rule increasing salary threshold for overtime eligibility
4/24/24
On Tuesday, April 23, 2024, the U.S. Department of Labor issued its long-anticipated final rule raising the salary thresholds for overtime exemptions. The final rule, which could take effect this summer, will significantly increase the salary …
EEOC issues final rule on Pregnant Workers Fairness Act
4/18/24
Earlier this week, on April 15, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued its final regulation to carry out the Pregnant Workers Fairness Act (“PWFA”). The final rule was approved by a majority of the …
Second Circuit illuminates pretext prong of McDonnell-Douglas burden-shifting framework
4/11/24
By: Lauren K. Adjieff and Sunshine R. Fellows
On Appeal from a judgment of the U.S. District Court for Connecticut, the Second Circuit clarifies the three-part McDonnell Douglas burden-shifting analysis. The court explains that for a Title VII disparate treatment …
Texas court invalidates Pregnant Workers Fairness Act under Quorum Clause
3/11/24
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, —- …
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
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 …
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 …