Labor and Employment
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…
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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…
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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 (…
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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…
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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…
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Posted by:
Elizabeth M. Roberson and Virginia A. Talley
on February 28, 2023
As employers perform annual reviews of their employment policies, one area to be aware of is whether it is legal to consider marijuana use in the areas or hiring, firing, or drug testing. Many employers have employees in multiple states, either working remotely or at another office site, and…
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Posted by:
Nancy J. Townsend
on January 19, 2023
The Pregnant Workers Fairness Act (PWFA) and the PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act, included as part of the recent Congressional spending bill, expand and clarify rights for pregnant and nursing workers.
PREGNANT WORKERS FAIRNESS ACT
The…
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Posted by:
Scott S. Morrisson, Elizabeth M. Roberson, and Katelyn E. Doering
on January 9, 2023
Last week the Federal Trade Commission (“FTC”) took unprecedented action against multiple businesses due to their non-compete agreements with employees. This action comes in response to an Executive Order issued by President Biden well over a year ago in July of 2021 asking the FTC to act against…
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Posted by:
Elizabeth M. Roberson and Virginia A. Talley
on October 21, 2022
The Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights: Workplace Discrimination is Illegal” poster on October 19, 2022, which replaces the “Equal Employment Opportunity is the Law” poster last revised in 2009.
In its press release, the EEOC states that the plain language…
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Posted by:
Elizabeth M. Roberson
on October 17, 2022
On October 13, 2022, the U.S. Department of Labor (DOL) published a Proposed Rule to revise its prior guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This Proposed Rule rescinds a prior rule that was published on January 7, 2021,…
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