Labor and Employment
Posted by:
Stephanie T. Eckerle and Shelley M. Jackson
on June 3, 2024
Covered Entities as defined in the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”), including health care providers and health plans, must have HIPAA policies and procedures in place to protect the privacy and security of patients’ protected health…
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Posted by:
Scott S. Morrisson, Elizabeth M. Roberson, and Chloe N. Craft
on April 25, 2024
On April 23, 2024, the Federal Trade Commission (FTC) announced its final rule banning virtually all employee non-compete agreements nationwide in approximately 120 days. The FTC initially issued its proposed rule in January 2023. The FTC thereafter received and considered over 26,000 comments to…
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Posted by:
Shelley M. Jackson, Virginia A. Talley, and Chloe N. Craft
on April 25, 2024
On April 23, 2024, the U.S. Department of Labor (DOL) released a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which increases the salary and compensation thresholds necessary to qualify for certain overtime…
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Posted by:
Elizabeth M. Roberson and Chloe N. Craft
on April 4, 2024
At the beginning of March 2024, the Biden Administration released its proposed budget (the “Budget”) for the 2025 fiscal year. In the Budget, the Biden Administration provides funding for a new national paid family and medical leave program (the “Program”). The Program is merely a proposal and will…
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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…
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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…
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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…
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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…
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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…
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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…
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