Archives of Employment

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

EEOC RELEASES UPDATED “KNOW YOUR RIGHTS” POSTER

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 […]

HUMAN RESOURCE CONSULTING FROM GARDNER SKELTON

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 […]