Newsletters

12.18.24

FMLA Violation By Mere Discouragement, Second Circuit Holds

An employer can violate the Family and Medical Leave Act (FMLA) merely by interfering with an employee’s use of statutory benefits—even if the employer ultimately grants the benefits to which the employee is entitled, the Second U.S. Circuit Court of Appeals has ruled.   Denise ...


12.18.24

Battle Over FTC’s Noncompete Ban Continues

The battle over the Federal Trade Commission’s (FTC) ban on noncompete agreements may not be over, as the agency has appealed a federal court decision which struck down the rule nationwide.   In April 2024, the FTC issued a final rule finding that noncompete agreements constitute an ...


12.18.24

Seventh Circuit Affirms Dismissal of ADA Suit Seeking Second Chance

A second chance is not a reasonable accommodation, according to a decision from the Seventh U.S. Circuit Court of Appeals in an Americans with Disabilities Act (ADA) case.   In January 2015, Sarah Schoper suffered a life-threatening pulmonary embolism that caused a traumatic brain injury. ...


12.18.24

DOL, CFPB Issue Guidance for Employers on AI

Federal agencies are keeping a close eye on artificial intelligence (AI), with both the Department of Labor (DOL) and the Consumer Financial Protection Bureau (CFPB) recently issuing guidance for employers.   In “Artificial Intelligence and Worker Well-Being: Principles and Best ...


11.07.24

NLRB GC Reiterates Position on Noncompetes, Incorporates “Stay-or-Pay”

Doubling down on her anti-noncompete stance, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo to all field offices expanding on her position to include “stay-or-pay” provisions as well.


11.07.24

EEOC Sets Sights on High-Tech Industry, Tackles First PWFA Cases

In Equal Employment Opportunity Commission (EEOC) news, the agency issued a report on the lack of diversity in the high-tech and filed—and settled—its first Pregnant Workers Fairness Act (PWFA) cases.  


11.07.24

Continuing Violations Trigger EFAA’s Ban On Arbitration

Sexual harassment claims alleging continuing violations triggered the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), rendering an arbitration agreement in an employee handbook unenforceable, according to a California appellate court.


11.07.24

California Employers Face New Employment Laws

California lawmakers finished the legislative session by enacting several employment-related bills signed into law by Governor Gavin Newsom.


10.02.24

Religious Discrimination Case Over Vaccine Mandate Revived in First Circuit

The First U.S. Circuit Court of Appeals reversed dismissal of a Title VII religious discrimination claim filed by a hospital employee who was terminated for not getting a COVID-19 vaccine.


10.02.24

Ninth Circuit: Employer Can Be Liable for Social Media Posts by Coworker

Social media posts made by a coworker off-hours and off-site may still support a Title VII claim against an employer, the Ninth U.S. Circuit Court has ruled.