Labor and Employment
Posted by:
Nancy J. Townsend
on March 25, 2024
Effective post-employment restrictions have fallen into limbo. Several states have banned such restrictions outright, and the FTC has taken steps to eradicate them.1 Most states disfavor noncompete agreements and many impose unpredictable and shifting tests of validity. Court decisions provide no…
Read More
Posted by:
Nancy J. Townsend
on March 15, 2024
Effective January 1, 2024, most full-time employees in Illinois are entitled to 40 hours of paid leave annually, to be used for any reason. Illinois now joins Maine and Nevada as the only three states implementing such legislation. The Paid Leave for All Workers Act (PLAWA) emphasizes liberal…
Read More
Posted by:
Nancy J. Townsend and Shelley M. Jackson
on March 12, 2024
A recent federal court decision reminds employers that workers on reduced schedules as part of federally guaranteed leave must have their performance metrics scaled down proportionately. In the case of Wayland v. OSF Healthcare System (No. 23-1541, February 28, 2024), the Seventh Circuit Court of…
Read More
Posted by:
Elizabeth M. Roberson, Nancy J. Townsend, and Virginia A. Talley
on August 21, 2023
On June 29, 2023, the U.S. Supreme Court clarified the “undue hardship” standard that allows employers to reject some employees’ requests for a religious accommodation under Title VII of the Civil Rights Act of 1964 (“Title VII”). With the Court’s recent decision in Groff v. DeJoy,1 employers must…
Read More
Posted by:
Virginia A. Talley and Nancy J. Townsend
on July 27, 2023
Pay transparency mandates—requiring companies to publicize employee salary information—may arrive soon in many states and municipalities. Viewed as a first step toward pay equity, the salary transparency movement is gaining traction throughout the United States. Pay transparency laws aim to give…
Read More
Posted by:
Shelley M. Jackson and Virginia A. Talley
on July 26, 2023
The Consumer Financial Protection Bureau (“CFPB”) recently responded to a high volume of complaints regarding automated workplace surveillance technology. In its response, the CFPB indicated an intent to apply the protections of the Fair Credit Reporting Act (“FCRA”) to employee information…
Read More
Posted by:
Shelley M. Jackson and Elizabeth M. Roberson
on June 15, 2023
Recently, the Equal Employment Opportunity Commission (“EEOC”) issued a new publication on the impact of software, algorithms, and artificial intelligence (“AI”) in employers’ decisions on who to hire, fire, and promote (collectively “Selection Decisions”). Employers are increasingly using tools…
Read More
Posted by:
Scott S. Morrisson and Elizabeth M. Roberson
on June 2, 2023
On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo outlining her position that the proffer, maintenance, and enforcement of non-compete agreements violates the National Labor Relations Act (NLRA) with few exceptions. Abruzzo’s memo follows recent actions by the Federal Trade…
Read More
Posted by:
Virginia A. Talley and Shelley M. Jackson
on June 1, 2023
On February 21, 2023, the NLRB issued a decision in McLaren Macomb reversing its previous holding in Baylor University Medical Center and once again outlawing the use of overly broad non-disparagement and confidentiality agreements in severance packages. A previous Krieg DeVault LLP Client Alert (…
Read More
Posted by:
Scott S. Morrisson, Nancy J. Townsend, and Christopher J. Kulik
on April 26, 2023
The Indiana General Assembly recently passed Senate Enrolled Act (“SEA”) 71, which further narrows the use of noncompete agreements with respect to all employed physicians, but especially primary care physicians. The new law will take effect on July 1, 2023, after Governor Eric Holcomb’s expected…
Read More
Posted by:
Virginia A. Talley and Shelley M. Jackson
on March 1, 2023
Overview
On February 21, 2023, the National Labor Relations Board (the “NLRB”) issued a decision in McLaren Macomb which reversed its own precedent with respect to non-disparagement and confidentiality provisions in severance agreements. The NLRB’s recent decision reinstates prior precedent which…
Read More
|