Archives of Employment

On February 21, 2023, the National Labor Relations Board (“NLRB”) announced a decision in McClaren McComb, 372 NLRB No. 58 (2023), overturning two Trump-era cases concerning confidentiality and non-disparagement clauses in severance agreements. Thereafter on March 21, 2023, the NLRB’s General Counsel Jennifer Abruzzo released a clarifying memorandum in response to inquiries on the McClaren […]

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a Notice of Proposed Rulemaking, outlining a new proposed rule (“the Rule”) that would effectively ban non-compete agreements. The FTC considers non-competes to be violations of Section 5 of the Federal Trade Commission Act, which aims to prevent unfair methods of competition. The announcement has […]

Regardless of when you plan to put up your decorations, there is no denying that the holidays are right around the corner. And while the season is wonderful for spending time with family and friends, shopping for that perfect gift, and enjoying some festive tunes, the holiday season can also open the door for a […]

On October 20, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing their “EEO is the Law” poster. The new poster includes several changes, including straightforward language and formatting, emphasizing harassment as a form of discrimination, clarifying the definition of sex discrimination, and providing equal […]

Speaking of our employment team, Gardner Skelton is excited to announce a new service that we believe will be extraordinarily helpful to our employer clients, while also much more moderately priced than attorney advice. Please meet our new team member, Alissa Graney. Alissa has joined our team as an HR Consultant focused on helping our […]

Step lively when an employee complains of sexual harassment, especially when your own policies require it. Less than urgent action could strip an employer of the very important “Faragher-Ellerth” defense, an essential component of which is that the employer exercised reasonable care to prevent and promptly correct harassing behavior. In a case out of a […]

Known as the “Zoomers,” “Gen Z,” and the “Class of COVID-19,” the members of the Class of 2022 have turned their tassels and are finally entering the workforce. According to the National Association of Colleges and Employers (NACE), employers plan to hire nearly 32% more college graduates in 2022 than in 2021. Additionally, the Bureau […]

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act amends the Federal Arbitration Act (FAA) and prohibits employers from enforcing pre-dispute arbitration agreements, and class or claim waivers, in connection with claims of sexual assault or sexual harassment. […]