On Dec. 13, 2022, the National Labor Relations Board (NLRB) issued a monumental decision that significantly expands upon the remedies available to employees for violations of the National Labor Relations Act (NLRA). In Thryv, Inc., the Democratic majority of the NLRB...
Labor & Employment
FTC Proposes New Rule Banning Non-Compete Agreements
Last week, the Federal Trade Commission (FTC) published the Non-Compete Clause Rulemaking, a proposed rule that would prohibit the use of non-compete agreements and preempt all state laws that provide less protection to workers. If made final, the proposed rule would...
Common Mistakes New Business Owners Make & How to Fix Them
Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, and that 45% fail in the first five years. As daunting as those figures may seem, there are measures you can take to avoid having your new...
President Biden Signs Bill Limiting Use of NDAs in Sexual Harassment Cases
[UPDATED 12/7/2022: Speak Out Act signed by President Biden] Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment....
Is Pay Transparency the New Normal? Here’s What Employers Should Know
Earlier this month, New York City became the latest jurisdiction to impose pay transparency requirements on employers. Effective Nov. 1, 2022, New York City’s Pay Transparency Law, an amendment to the New York City Human Rights Law, requires all New York City...
Independent Contractor vs. Employee: Proposed Rules to Prevent Misclassification
On Oct. 11, 2022, the U.S. Department of Labor announced a proposed rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act that redefines how to classify workers. The proposed rule updates the test for determining whether a...
How Should Employers Respond to the New Age of Unionism?
Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has more than 300 of its locations in the throes of union campaigns. Employers targeted by recent union organization efforts may be new to the...
Biometrics and AI in the Workplace: Boon or Bane?
Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security and workplace monitoring, all of which can necessitate new approaches brought on by the...
Employer Considerations in the Aftermath of the Dobbs Decision
On June 24, 2022, the United States Supreme Court overturned the constitutional right to abortion established in Roe v. Wade. In Dobbs v. Jackson Women’s Health, a 6-3 decision, the Supreme Court upheld a Mississippi law banning abortion after fifteen weeks, well...
How Will Ohio’s New Permitless Concealed Carry Law Impact the Workplace?
Employers in Ohio may have finally become comfortable with Ohio’s concealed carry firearms law and revised their handbooks to incorporate new policies on how they would address their employee’s rights to carry concealed firearms. However, with Governor DeWine’s...