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Employment Law

Keep up with EEOC’s new, comprehensive enforcement guidance on harassment

05/06/2024
The EEOC has published a new, comprehensive guidance document that covers what employers must do to avoid liability for workplace harassment on the basis of race, color, religion, sex, national origin, disability, age and genetic information.

Prepare for more DOL oversight of how AI affects FLSA compliance

05/06/2024
The U.S. Department of Labor is gearing up to ensure employers don’t misuse artificial-intelligence tools to track employees’ hours worked or how they spend their on-the-job time.

CROWN Act alert: Ensure grooming rules don’t perpetuate hairstyle bias

05/03/2024
One of the fastest-growing legal anti-discrimination trends is an effort to outlaw discrimination on the basis of employees’ hairstyles. So far, efforts to pass a national law have proven unsuccessful. However, that hasn’t stopped the EEOC from pursuing litigation against employers accused of natural hair discrimination, as a recent case shows.

4 questions and answers about FTC’s new noncompete ban

05/03/2024
On April 23, the Federal Trade Commission issued a final rule that bans almost all new noncompete agreements and makes existing ones unenforceable. FTC documents say the ban is necessary because requiring employees to sign noncompete agreements amounts to illegal restraint of trade.

17 states sue to block PWFA rule from taking effect

04/29/2024
The lawsuit, filed April 25 by Tennessee’s attorney general in the U.S. District Court for Eastern Arkansas, asserts that the PWFA was enacted to ensure “pregnant women receive workplace accommodations to protect their pregnancies and unborn children.”

The new OT rule: What employers should do now

04/29/2024
The new rule will force employers to undertake a detailed analysis of how they classify white-collar employees and how much they pay them. Here are the steps you should follow.

FTC bans almost all noncompete agreements

04/26/2024
Almost all noncompete agreements will be banned under a final rule approved April 23 by the Federal Trade Commission. The rule will take effect 120 days after it is published in the Federal Register, which should happen within a week.

Final overtime rule: OT salary threshold to hit $58,656 on Jan. 1, with interim hike to $43,888 on July 1

04/23/2024
Exempt employees earning less than $58,656 per year on Jan. 1, 2025, will be entitled to overtime pay when they work more than 40 hours in a workweek under a long-awaited final rule issued April 23 by the Department of Labor.

Senate, House vote to overturn NLRB joint-employer rule, Biden expected to veto

04/22/2024
The Senate voted 50–48 on April 10 to repeal the rule using provisions of the Congressional Review Act.

Beware co-worker harassment of transgender employees

04/22/2024
Late last year, the EEOC issued proposed guidance on gender-identity discrimination and harassment, with final guidance due soon. Based on the proposed guidance, we know the EEOC views slights against transgender employees to be a form of sex-based harassment. Now it has filed a lawsuit that claims harassment because co-workers continue to use a transgender employee’s birth name instead of the one she now chooses to call herself.