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Employment Law

Employees can tell it like it is (or isn’t)

04/06/2023
The National Labor Relations Board has issued a broad decision invalidating these non-disclosure and non-disparagement agreements when offered in conjunction with severance pay in a union setting. Even offering a severance package contingent on employees signing these agreements is out of bounds, according to the decision.

How much and when? The increase in the FLSA’s salary level for exempts is near (or not)

04/04/2023
Let’s be clear—no one knows what these regulations will contain. Nevertheless, it’s prudent to proceed as if these regulations will see the light of day next month.

NLRB okays secret workplace recordings

04/03/2023
Here’s a new worry for employers, thanks to the National Labor Relations Board: Your employees may be secretly recording conversations you have with them for later playback even if you have robust “no recording” rules in place.

Feel free to contact worker who’s on sick leave

04/03/2023
Employers should make it a point not to pester employees who are out on sick leave or ask them to perform work during their time off. However, that general principle doesn’t mean employers are absolutely forbidden to seek basic information from employees who are out sick.

3 lawsuits show EEOC is serious about COVID-related disabilities

04/03/2023
According to its most recent data, the EEOC has received about 6,000 COVID-related complaints. Of those, about 60% involve alleged violations of the ADA, including disability-discrimination claims focusing on telework as an accommodation and discrimination against workers perceived as vulnerable to serious COVID-19 outcomes.

Case of the Week: Blanket criminal history ban costs employer $2.7 million

03/30/2023
The EEOC has long taken the position that automatically barring those with criminal records from employment may disparately impact certain protected classes and therefore amount to race or national origin discrimination under Title VII. The agency says employers should evaluate each applicant’s record and assess whether the conviction is job related and a hiring ban is for a justifiable business reason.

NLRB counsel doubles down on severance agreement invalidity

03/30/2023
Back in February, the National Labor Relations Board ruled that non-disparagement and confidentiality clauses commonly embedded in severance agreements are illegal. Now, board general counsel Jennifer Abruzzo has issued a memo clarifying the scope of the decision.

Step in to stop workplace toxicity that disproportionately harms women

03/29/2023
According to new research released in the MIT Sloan Management Review, women are 41% more likely than men to experience a toxic corporate culture. The pandemic appears to have widened the toxic-culture gender gap.

Layoffs on the horizon? Check for disparate impact before you cut jobs

03/27/2023
Before finalizing your list of employees to lay off, analyze the potential impact on newly hired workers. Will the terminated employees disproportionally belong to a particular protected class?

Case of the Week: Apply your dress and grooming policies consistently

03/24/2023
You probably have a policy that spells out your dress and grooming rules, which may limit certain employee clothing choices that might offend customers, clients or co-workers. But how you enforce that rule may mean the difference between winning quick dismissal of a discrimination lawsuit or a big jury award against your organization.