Archives of Employment

STATUS OF AFFIRMATIVE ACTION IN EMPLOYMENT

Affirmative action and race-conscious decision making have been recent topics of discussion following the Supreme Court’s June ruling that affirmative action and race-conscious decision making in education are violations of the Equal Protection Clause of the Constitution. While the decision will have a major impact on higher education, the effects do not yet extend to […]
1 year ago

UPDATED STANDARDS FOR RELIGIOUS ACCOMMODATIONS

On June 29, 2023, the Supreme Court issued a decision in Groff v. DeJoy (“Groff”), clarifying employers’ burden to show that a religious accommodation creates an “undue hardship.” Before the decision, an accommodation could cause an undue hardship if it imposed anything more than a de minimis – trifling or minor – cost to the […]
1 year ago

UPDATES FOR FTC’S PROPOSED NON-COMPETE RULE

In March, we published a summary of the Federal Trade Commission’s proposed rule to effectively ban non-compete agreements across almost all industries. Earlier this year, the FTC sent shockwaves throughout the labor market after announcing a new proposed rule that would prevent employers across nearly every industry from entering into any non-compete agreement with an […]
1 year ago

AI IN THE WORKPLACE: WHAT EMPLOYERS NEED TO KNOW

With the rise of ChatGPT and other technology, artificial intelligence (“AI”) is all the rage these days. Although automated systems, with and without AI, certainly can make tasks easier and more efficient, they also have inherent risks. Further, when employers use AI in the workplace, they must ensure compliance with all applicable laws, regulations, and […]
2 years ago

UPDATED NOTICE OF RIGHTS UNDER FCRA REQUIRED WITH BACKGROUND CHECKS

On March 24, 2023, the Consumer Financial Protection Bureau (CFPB) released an updated version of their notice, “A Summary of Your Rights Under the Fair Credit Reporting Act” (the “Updated Notice”). Employers who conduct background or credit checks on employees or job applicants are required to provide the Updated Notice under FCRA. The Updated Notice […]
2 years ago

CONFIDENTIALITY AND NON-DISPARAGEMENT TERMS IN SEVERANCE AGREEMENTS

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 […]
2 years ago

UPDATES ON THE FTC’S PROPOSED NON-COMPETE RULE

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 […]
2 years ago

EEOC RELEASES UPDATED GUIDANCE REGARDING HEARING DISABILITIES AND ADA COMPLIANCE

On January 24, 2023, the EEOC released an updated guidance document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act.” The guidance specifically focuses on how the Americans with Disabilities Act (“ADA”) applies to job applicants and employees with hearing disabilities, including when employers may ask for information regarding a disability, types of […]
2 years ago

WORKPLACE CONSIDERATIONS AND PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES

2023 brings increased protections for pregnant and nursing employees, with the passing of the Providing Urgent Maternal Protections for Nursing Mothers Act and the Pregnant Workers Fairness Act on December 29, 2022. Both Acts expand employer obligations to pregnant and nursing employees, including break time and reasonable accommodation requirements. Covered employees include mothers who have […]
2 years ago