The 3rd U.S. Circuit Court of Appeals has vacated a portion of an NLRB order requiring Starbucks to compensate two allegedly wrongfully terminated employees for “all direct or foreseeable pecuniary harms” stemming from alleged unfair labor practices. The court ruled ...
Read More »DHS finalizes rule to enhance H-2 Visa programs
The Department of Homeland Security (DHS) has announced a final rule aimed at modernizing the H-2A and H-2B nonimmigrant visa programs. These programs allow U.S. employers to hire foreign nationals for temporary or seasonal agricultural (H-2A) and nonagricultural (H-2B) positions ...
Read More »EEOC issues fact sheet on wearable technologies and discrimination
The EEOC has released a new fact sheet focused on the use of wearable technologies in the workplace. The fact sheet, entitled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws,” alerts ...
Read More »NLRB contends reality show contestants are employees
The National Labor Relations Board has filed a consolidated complaint against the creators of the Netflix show “Love is Blind,” alleging that cast members of the reality show are “employees” under the National Labor Relations Act. The General Counsel of ...
Read More »Apple faces legal challenge over employee surveillance, speech restrictions
A new lawsuit against Apple Inc. highlights tensions between workplace monitoring technologies and employee privacy rights. The case could set the stage for an influential ruling on the limits of employee surveillance in the digital age. Filed under California’s Private ...
Read More »NLRB judge finds company’s noncompete legal
A National Labor Relations Board judge has ruled that while a wheelchair manufacturer can keep most of its restrictive employment agreement intact, including noncompete provisions, it must rescind clauses that ban workers from discussing the agreement’s terms or disparaging the ...
Read More »DEI faces new challenges under Trump, Supreme Court decisions
The landscape of diversity, equity, and inclusion (DEI) initiatives in American workplaces may shift as former President Donald Trump prepares to return to office. The new administration, coupled with recent (and pending) Supreme Court decisions, may reshape employment law. U.S. ...
Read More »Appeals Court sets bar for ‘comparators’ in age discrimination cases
A recent federal appeals court decision in an age discrimination case against Trader Joe’s has arguably established an “apples to apples” standard for employee comparisons in discrimination lawsuits. The 1st U.S. Circuit Court of Appeals upheld summary judgment for Trader ...
Read More »More states set to implement pay transparency laws
Three states are joining the growing movement toward wage disclosure requirements, with New Jersey, Massachusetts, and Vermont all implementing new pay transparency laws in 2025. These laws represent a significant shift in employment practices, requiring employers to be more open ...
Read More »NLRB targets ‘stay-or-pay’ and noncompete agreements
The National Labor Relations Board is stepping up its scrutiny of employment agreements, targeting both “stay-or-pay” provisions and non-compete clauses. NLRB General Counsel Jennifer Abruzzo issued a memo (GC Memo 25-01) outlining her view that these provisions often violate the ...
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