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 ...
Read More »Fired worker can sue for retaliation over BLM masks
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 ...
Read More »EEOC releases guidance on workplace harassment
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 ...
Read More »FTC bans non-compete agreements for most U.S. workers
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, ...
Read More »NLRB general counsel targets moonlighting
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 ...
Read More »New federal overtime rule imminent: Employers brace for impact
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 ...
Read More »EEOC clarifies abortion coverage under Pregnant Workers Fairness Act
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, ...
Read More »AI in HR: Navigating compliance and mitigating risk
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) ...
Read More »Federal appeals court rejects NLRB’s ‘nonsensical’ ruling
In a scathing rebuke of the National Labor Relations Board, a federal appeals court in the District of Columbia has overturned the Board’s ruling in two unfair labor practice claims against Stern Produce Company. The decision, which twice referred to ...
Read More »DOL clarifies rights to employee representation during OSHA inspections
The U.S. Department of Labor has published a final rule clarifying employees’ rights to authorize a representative to accompany an OSHA compliance officer during an inspection of their workplace. The rule goes into effect on May 31, 2024. The Occupational ...
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