Monthly Archives: May 2023

Applies to:    All Employers with Employees Subject to the NLRA Effective:      March 22, 2023 Quick Look Severance agreements are permitted to restrict defamation, but cannot include broad nondisparagement provisions. Severance agreements may keep the financial terms confidential. Employers may continue to protect proprietary, trade secret information. The McLaren Macomb decision is applied

Applies to:    All Employers with Employees Subject to the NRLA Effective:      February 27, 2023 Quick Look The NLRA protects workers who discuss racism in the workplace with their co-workers and may also protect social media activity that is a call to action or involves “inherently concerted” discussions about vital categories of workplace

Applies to:    Federal Contractors Subject to OFCCP Rules Effective:      March 31, 2023 Quick Look OFCCP returns to longstanding rules for determining who qualifies for a religious exemption to anti-discrimination obligations. Religious exemption still does not permit discrimination on the basis of race, color, sex, sexual orientation, gender identity, or national origin, even

Applies to:    All Employers with Employees in DE, NJ, PA, and the Virgin Islands Effective:      April 3, 2023 Quick Look The Department of Interior’s failure to provide a report or final order before the expiration of a statutory deadline does not mean a claim for whistleblower reprisal has ended. Discussion In Jacobs

Applies to:    Employers with 15+ Employees in TX, LA, and MS Effective:      March 17, 2023 Quick Look Disabled employees are not automatically entitled to permanent job reassignment as a reasonable accommodation under the ADA. Discussion In Equal Employment Opportunity Commission v. Methodist Hospitals of Dallas, the Fifth Circuit Court of Appeals stated

Applies to:    All Employers with Employees in ND, SD NE, MN, IA, MO, and AR Effective:      February 28, 2023 Quick Look Transferring an employee to a different work location or to a different department does not constitute an adverse employment action. Discussion In Bell v. Baptist Health, the Eighth Circuit Court of

Applies to:    All Employers with Employees in ND, SD NE, MN, IA, MO, and AR Effective:      March 13, 2023 Quick Look To demonstrate “severe and pervasive” conduct for purposes of establishing a hostile work environment claim, an employee must show that the employer created a workplace that was permeated with discriminatory intimidation,

Applies to:    All Employers with Employees in Washington, D.C. Effective:      March 7, 2023 Quick Look A practice of employing workers only when a valid pre-hire agreement is in place is a legitimate business practice and not discriminatory. Termination of employees covered by expired pre-hire agreements is not an anti-union motive under the

Applies to:    All Employers with CA Employees Effective:      February 24, 2023 Quick Look Employees may bring PAGA claims for paid sick leave violations. Discussion In Wood v. Kaiser Foundation Hospitals, the California Court of Appeal stated that employees can bring Private Attorneys General Act (PAGA) claims for violations of the Healthy Workplaces,

Applies to:    All Employers with CA Employees Effective:      February 24, 2023 Quick Look Employers are not strictly liable for sexual harassment committed by a supervisor resulting from a private relationship unconnected with the employment and not occurring at the workplace or during normal working hours. Discussion In Atalla v. Rite Aid Corporation,