The recently enacted Pregnant Workers Fairness Act (PWFA) was effective June 27, 2023. This new law makes discrimination against pregnant workers unlawful and provides additional protections for pregnant workers. Coverage and Accommodations Employers covered by the...
Content By Robert S. Gilmore
The Supreme Court Strengthens Religious Accommodation Requirements in Recent Case
The U.S. Supreme Court has “clarified” the test under Title VII of the Civil Rights Act that employers and the U.S. Equal Employment Opportunity Commission have relied upon for more than 46 years, making it easier for employees to obtain religious accommodations....
New York May Ban Non-Competes as Bill Awaits Governor’s Signature
New York may join several other states that have essentially banned post-employment non-compete agreements, including California, Minnesota, North Dakota, and Oklahoma. Governor Kathy Hochul is considering a bill that was fast-tracked through the state legislature...
Sixth Circuit Creates New Standard for Certification Process in FLSA Collective Actions
The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L Home Care and Training Center, LLC ,...
Key Considerations for Employers: Understanding the Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA), a new federal law protecting the rights of pregnant workers, takes effect on June 27th. The bill was signed into law at the end of 2022 to require employers to provide reasonable accommodations to pregnant employees. The law,...
New PUMP Act Guidance: What Do Employers Need to Know?
The Department of Labor has recently issued guidance on the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act was signed into law on December 29, 2022, amending the Fair Labor Standards Act (FLSA), to extend the reasonable break...
NLRB General Counsel Aims to End Non-Compete Agreements
[UPDATED 11/27/2023: NLRB Makes Good on Its Promise to Challenge Non-Competes] On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum to all regional offices stating that non-compete agreements in...
NLRB Reverses Course on Severance Agreements: Here’s What Employers Need to Know
The McLaren Ruling Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm. In this case, it’s the restriction, if not elimination, of...
The DOs and DON’Ts of the DOL’s New Tip Credit Rules
Employees in the service industry, such as bartenders and waitstaff, have come to rely on tips as a part of their hourly wages. In fact, most states specifically allow restaurants and bars to pay workers less than minimum wage, anticipating that they will be able to...
Employer Guidance Following the FTC’s Proposal to Ban Non-Compete Agreements
On Jan. 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would effectively ban the use of non-compete agreements in employment contracts and preempt all state laws that provide less protection to workers. If made final, non-compete agreements...