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News & Insights

Practice Area: Employment

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

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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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NLRB Expands Joint Employer Rule

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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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EEOC Issues Proposed Guidance On Workplace Harassment

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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…
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Employment Protections To Expand Amid Data Privacy Regulations

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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….
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EEOC Publishes Proposed Rule To Implement The Pregnant Workers Fairness Act

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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,…
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Supreme Court Clarifies Standard For Religious Accommodations

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On June 29, 2023, the United States Supreme Court unanimously adopted a new “undue hardship” standard for religious accommodations under Title VII of the Civil Rights Act (“Title VII”). The decision came in Groff v. DeJoy, No. 22-174 (June 29, 2023), which concerned an Evangelical Christian postal worker who opposed working on Sundays due to…
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Employment Protections Expand Under The Pregnant Workers Fairness Act

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On June 27, 2023, the EEOC began accepting charges under the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations arising from pregnancy, childbirth or other related conditions, unless doing so would impose an undue hardship on the employer. With more than 30 states and…
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Federal Agencies Have Announced Action On Ai Discrimination

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The Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”), the Consumer Financial Protection Bureau (“CFPB”), and the Equal Employment Opportunity Commission (“EEOC”) have issued a joint statement outlining a collective commitment to monitor the use of automated systems and artificial intelligence (“AI”) and its relation to unlawful discrimination.  The agencies have warned that while…
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NLRB General Counsel Issues Guidance On Non-Disparagement And Confidentiality Provisions In Severance Agreements

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The National Labor Relations Board (“NLRB”) recently issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements containing overly broad non-disparagement or confidentiality clauses violate the rights of employees under the National Labor Relations Act (“NLRA”), Section 7. The NLRB held that such clauses interfere with employees’ rights to assist co-workers or…
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Supreme Court Rules Employees Paid Daily Rate Are Entitled To Overtime

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On February 22, 2023, the U.S. Supreme Court affirmed a decision from the Fifth Circuit Court of Appeals that an employee earning a daily rate is not exempt from overtime pay under the Fair Labor Standards Act (“FLSA”). See Helix Energy Sols. Grp., Inc. v. Hewitt, 143 S. Ct. 677 (2023). In its 6-3 decision,…
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