Monthly Archives: February 2023

Applies to:       All Employers Effective:         Pending Key Takeaways The FTC is currently considering a sweeping ban of non-compete agreements for all employers. If implemented, employers would need to review their restrictive covenants as well as their procedures on preserving confidential information and trade secrets. Violations could result in civil penalties, restitution, damages, injunctive

Applies to:       As Indicated Effective:         As Indicated Key Takeaways Employers with 15 or more employees must provide pregnant employees with reasonable accommodations for limitations or medical conditions related to pregnancy or childbirth. All employers must provide lactating employees with paid time and space to express breastmilk; there is an undue hardship exception for

Applies to:       All Employers Effective:         December 16, 2022 Key Takeaways Employers who have contractor employees on-site are limited in their options to restrict those employees from the employer’s property when the off-duty contractor employees use the property for protected Section 7 activities like union organizing. Violations could result in a cease and desist or

Applies to:       All Employers Effective:         December 15, 2022 Key Takeaways Employers interviewing union-represented employees regarding unfair labor practice charges must provide specific disclosures to avoid allegations of coercion and violations of the National Labor Relations Act. Violations could result in a cease and desist or violation notice posted at the workplace in addition

Applies to:       All Employers with Employees in IL, IN, and WI Effective:         October 25, 2022 Key Takeaways Employers do not have to make a reasonable accommodation under the Americans with Disabilities Act or Illinois law when an employee under a medical restriction is unable to perform an essential function of the job. Employers

Applies to:       All FMLA-Covered Employers in AR, IA, MN, MO, NE, ND, and SD Effective:         December 13, 2022 Key Takeaways Employers who properly document and communicate performance and attendance issues may terminate them for policy violations even if the employee is on Family and Medical Leave Act leave. The performance and attendance issues

Applies to:       All FMLA-Covered Employers in AR, IA, MN, MO, NE, ND, and SD Effective:         December 13, 2022 Key Takeaways Employers who properly document and communicate performance and attendance issues may terminate them for policy violations even if the employee is on Family and Medical Leave Act leave. The performance and attendance issues

Applies to:       All Employers with CA Employees or Applicants Effective:         January 1, 2023 Key Takeaways Covered employers with the possibility of hiring employees in California must comply with the state’s pay transparency law in job postings. The California Labor Commissioner’s Office released additional guidance on the law’s requirements as it relates to covered

Applies to:       All Employers with CA Employees Effective:         January 5, 2023 Key Takeaways California employers may use the FLSA’s method of calculating overtime on percentage-based nondiscretionary bonuses that include overtime in the percentage calculation. Employers must still use California’s DLSE Manual’s calculation for flat sum nondiscretionary bonuses. Discussion In Lemm v. Ecolab, Inc.,

Applies to:       All Employers with CA Employees and Applicants Effective:         Pending Key Takeaways The CRD is contemplating additional restrictions on the use of criminal history in employment decisions. Violations of the law include damages of up to $10,000 per violation, punitive damages, and attorneys’ fees and costs. Discussion California’s Civil Rights Department (CRD)