On July 25, 2024, the United States Court of Appeals for the Ninth Circuit held that under Title VII of the Civil Rights Act of 1964 (“Title VII”) companies can be held liable for claims of hostile work environment if an employee posts harassing content online that negatively impacts the workplace. This decision is the…
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The Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a proposed rule in July 2024 to regulate heat-related hazards in the workplace. According to OSHA, heat is the leading cause of death in the U.S., and the proposed rule seeks to protect employees who work in warm climates from hazards associated with high…
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On June 24, 2024, the United States Supreme Court agreed to hear the case of a retired Florida firefighter who argued that the Americans with Disabilities Act (“ADA”) allows a former employee to sue over discrimination with respect to post-employment benefits that the former employee earned during their employment. In the case of Stanley v….
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Under the Fair Labor Standard Act (“FLSA”), overtime pay is one and one-half times an employee’s regular pay rate for every hour that is worked beyond the 40 hours in a workweek. Almost all hourly workers are automatically eligible for overtime pay; however, workers who are paid on a salary basis are only eligible for…
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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…
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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…
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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…
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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…
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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…
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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…
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