A recent decision of the National Labor Relations Board (the “Board”) concluded that standard nondisparagement and confidentiality provisions found in many employee severance agreements violate federal labor law because they have a reasonable tendency to interfere with and restrain employees’
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Fifth Circuit Remands Title VII Case to Consider if EEOC’s Two Right to Sue Notices Misled Employee
Employees bringing claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act must exhaust their administrative remedies with the EEOC prior to filing suit against an employer. These administrative
Day Rate Compensation Insufficient to Satisfy Salary Basis Test for Executive Exemptions says U.S. Supreme Court
Employers Not Ordinarily Required to Provide Competition-Free Transfers to Disabled Employees as Reasonable Accommodation Absent Special Circumstances Says Fifth Circuit
Texas Businesses Likely to See More Employment Litigation in 2023 and Beyond if Employees Prevail in Pending Appeals
The results of three pending cases could greatly increase the amount of employment-related litigation Texas employers may face in 2023 and beyond. In Groff v. DeJoy, Postmaster General of the United States Postal Service, the U.S. Supreme Court is considering
FTC Proposes Banning Noncompetition Agreements with Employees
On January 5, 2023, the Federal Trade Commission (FTC) issued Notice of Proposed Rulemaking announcing that it was proposing an administrative rule that would end the use of all noncompetition agreements in employment relationships outside the context of the sale
Lack of Employer Signature on Arbitration Agreement Not Necessarily Fatal to Arbitration Enforcement
Despite the modern trend and convenience of using online onboarding of employees with click-through or e-signed acknowledgments and agreements with employees, I still think it is a better practice to have important agreements that an employer may try to enforce
Expanded Accommodations for Women with Need to Express Breast Milk at Work
Also included in the omnibus spending bill are expanded accommodations for women that need to express breast milk in the workplace. The Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act expands the federal
Pregnant Employees Get Additional Protections in Congress’ Omnibus Spending Bill
Several provisions of the $1.7 trillion, 4,400-page Omnibus spending bill passed by Congress and expected to be signed by the President, are additional employment protections for pregnant women. Today we cover the Pregnant Workers Fairness Act (“PWFA” or “Act”) that
The Robots are Coming
Yesterday, I was on a flight for a business trip and was writing a post about a few Artificial Intelligence applications I’ve been playing around with. But before I could publish my post, I was reminded that you have to