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Supreme Court expands transportation worker arbitration exemption

U.S. Supreme Court

The U.S. Supreme Court has unanimously ruled that transportation workers are exempt from mandatory arbitration under the Federal Arbitration Act (FAA) even if they do not work for a transportation company. The decision has ramifications for employers who rely on ...

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NLRB’s expanded joint employer rule remains in limbo

National Labor Relations Board ((Geraldshields11 via Wikimedia Commons)

The fate of the National Labor Relations Board’s (NLRB) controversial joint employer rule remains uncertain after facing legal challenges in court and opposition from Congress. The rule aimed to broaden the standard for determining when two entities are considered joint ...

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On FTC noncompete ban, it’s prepare but wait-and-see

Federal Trade Commission

While there is some skepticism as to whether it will survive the immediate legal challenges it faces, employers should take steps to prepare for the possibility that the comprehensive federal ban on new noncompete agreements recently announced by the Federal ...

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Fired worker can sue for retaliation over BLM masks

Close-up logo of Whole Foods Market at store entrance facade

A federal appeals court has revived a former Whole Foods employee’s claim that she was unlawfully terminated in retaliation for protected oppositional behavior when she repeatedly disobeyed and protested the company’s ban on “Black Lives Matter” face masks. Whole Foods ...

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EEOC releases guidance on workplace harassment

Modern office interior

The U.S. Equal Employment Opportunity Commission (EEOC) has published a final guidance entitled, “Enforcement Guidance on Harassment in the Workplace.” This is the first time the workplace harassment guidance has been updated since 1999. Since then, significant changes in the ...

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FTC bans non-compete agreements for most U.S. workers

Employee noncompete agreement

The Federal Trade Commission has issued a final rule banning non-compete agreements for nearly all U.S. workers, a move that is expected to affect approximately 30 million employees. The rule, which passed with a 3-2 vote, aims to promote competition, ...

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NLRB general counsel targets moonlighting

Workers in office with open floor plan

The National Labor Relations Board general counsel has issued an advisory taking a strong stance against employer policies that restrict employees from holding outside or secondary employment, i.e., moonlighting. The general counsel believes that such restrictions could violate federal labor ...

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New federal overtime rule imminent: Employers brace for impact

Punch clock

The long-awaited update to the federal overtime rule has been finalized by the Department of Labor (DOL) and was cleared by the White House Office of Information and Regulatory Affairs (OIRA) on April 10. The final rule, which could take ...

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EEOC clarifies abortion coverage under Pregnant Workers Fairness Act

EEOC seal

The Equal Employment Opportunity Commission (EEOC) announced its final rule implementing the Pregnant Workers Fairness Act (PWFA), providing important guidance regarding reasonable accommodations for pregnancy, childbirth, and related medical conditions. The rule, published in the Federal Register on April 19, ...

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AI in HR: Navigating compliance and mitigating risk

Using ChatGPT on laptop

Artificial intelligence holds a distinct lure for HR, with its promise of streamlined and efficient hiring. But while the technology promises efficiency, it introduces new challenges of potential bias and discrimination. In August 2023, the Equal Employment Opportunity Commission (EEOC) ...

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