News & Insights

Practice Area: Employment

ELEVENTH CIRCUIT UPHOLDS INJUNCTION STOPPING FLORIDA’S ANTI-WOKE LAW

In 2022, Florida enacted the Individual Freedom Act, which Governor Ron DeSantis called the “Stop WOKE Act” (“the Act”). Specifically, the Act prohibited Florida employers from requiring employees to attend any training or activity that “espouses, promotes, advances, inculcates, or compels” an individual to believe certain prohibited “concepts” relating to race, color, sex, or national…
Read More

SHIFTING LANDSCAPE OF NON-COMPETE AGREEMENTS

Historically, non-compete agreements were utilized to safeguard a company’s trade secrets, proprietary information, and customer relationships. Non-compete agreements served as critical tools for protecting business interests. However, over the past few years, there has been a recent legislative priority to limit or ban the use of restrictive covenants. In 2021, President Joe Biden signed an…
Read More

EEOC LAUNCHES NEW REACH INITIATIVE FOR 2024

In January 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched its REACH initiative designed to “enhance outreach to vulnerable workers and underserved communities.” The initiative was implemented by Commissioner Kalpana Kotagal for the purpose of ensuring EEOC’s outreach and education efforts reach workers who are less likely to seek the agency’s assistance.  Through the…
Read More

UNITED STATES DEPARTMENT OF LABOR ANNOUNCES NEW INDEPENDENT CONTRACTOR RULE

On January 9, 2024, the United States Department of Labor (“DOL”) released its final rule that revises the DOL’s determination of whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The final rule goes into effect on March 11, 2024. The new rule replaces the Trump Administration’s Independent…
Read More

NLRB’s Request To Drop The Adverse Action Requirement In Some Cases May Expand An Employer’s Vulnerability To Unfair Labor Charges

Most, if not all, labor and employment statutes require an employee to show some kind of adverse action on behalf of the employer to prevail, especially when seeking monetary compensation. While what constitutes an adverse action can often get murky, the Equal Employment Opportunity Commission has clarified that an “adverse employment action” includes, but is…
Read More

NLRB Expands Joint Employer Rule

On October 26, 2023, the National Labor Relations Borad (“NLRB”) issued a new standard for determining when two employers are considered “joint employers” under the National Labor Relations Act (“NLRA”).  While the standard was issued in regard to the NLRA, businesses should expect that plaintiffs will use the new standard with regard to claims outside…
Read More

EEOC Issues Proposed Guidance On Workplace Harassment

On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) released its revised “Proposed Enforcement Guidance on Harassment in the Workplace”. If successful, the proposed guidance would be EEOC’s first update on workplace harassment since the previous update in 1999.  The new proposal considers recent changes in the law on issues of workplace discrimination and…
Read More

Employment Protections To Expand Amid Data Privacy Regulations

Public interest continues to shift due to a growing belief that individuals own their personal information and have the right to control it. As such, human resource departments can expect to see more employment protections amid growing regulations affecting human resource data. Several states have enacted Privacy Acts, including Colorado, Utah, Virginia, California and Illinois….
Read More

EEOC Publishes Proposed Rule To Implement The Pregnant Workers Fairness Act

On August 11, 2023, the Equal Employment Opportunity Commission (“EEOC”) published its proposed regulations to implement the Pregnant Workers Fairness Act (“PWFA”) in the Federal Register. The PWFA became effective June 27, 2023, and requires that employers with at least 15 employees provide reasonable accommodations, absent undue hardship, to qualified employees and applicants with known limitations related to,…
Read More