No-poach provisions are agreements that prohibit one company from hiring another company’s employees. This article addresses whether no-poach provisions violate applicable antitrust laws, and more specifically, the conditions under which no-poach provisions are legal. No-poach provisions are often horizontal restraints; ...
Read More »Employer must produce attorney’s investigation documents
A federal court judge has ordered a town that retained an attorney to investigate an employee’s hostile work environment complaints to respond to discovery requests about the investigation. Plaintiff Jennifer Berry Brown brought claims under Title VII and the Family ...
Read More »Unlawful retaliation in the workplace
Anti-retaliation laws safeguard basic rights afforded to workers. They ensure that workers can complain in good faith about violations of their rights to the government or their employers without fear that they will be disciplined or fired. State law may ...
Read More »As COVID-19 persists, so do disputes about vaccinations
Here are seven key takeaways from a recent Equal Employment Opportunity Commission webinar about vaccinations. Stay vigilant when it comes to vaccination disputes 30 percent of all COVID-19-related EEOC charges filed by employees since April 2020 involved a vaccine dispute, ...
Read More »OSHA introduces program to combat workplace heat hazards
Federal officials are embarking on a new endeavor to protect workers from illness and injury from heat exposure after the Biden administration announced the move last year. The Occupational Safety and Health administration last week introduced its National Emphasis Program ...
Read More »Covid-related business losses are not ‘physical loss’
Where a West Virginia business closed two of its art studio locations because of the governor’s Covid-19 executive order, its claim for lost business income and other expenses was denied because there was no material destruction or harm to its ...
Read More »Are you discriminating against employees with caregiving responsibilities?
As the world enters year three of the COVID-19 pandemic, the Equal Employment Opportunity Commission (“EEOC”) has issued a warning to employers of yet another risk to their businesses: caregiver discrimination claims. It is no surprise that the pandemic has ...
Read More »Is your business ready for a cyberattack? Survey says just half are
As international tensions rise, the issue of cyberattacks — and by extension preventing such attacks — becomes critical. So much so, in fact, that 78.95% of small business respondents to a new national survey from Provident Bank said that media ...
Read More »Unsigned agreement binds former employee
An employer’s arbitration award of $11,000 for damages and $50,000 in attorneys’ fees and costs in a case against a former employee has been upheld by a state appellate court. The former employee, James Gail, was the clinical director for ...
Read More »Compensation practices returning to normal
WorldatWork’s “2021 Total Rewards Inventory Programs & Practices” survey reveals compensation practices are starting to return to normal at most organizations. Market-based adjustments (not COLA) are rising to pre-pandemic levels and, similarly, hazard/call-in pay are beginning to level back down. ...
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