Following my recent post on menstrual leave, I saw a New York Times article on “menopause-friendly workplaces.” Now that’s a term I had not seen before in my many years of practicing employment law. But apparently it’s a thing in
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Latest from Shawe Rosenthal - Page 9
The NLRB General Counsel Joins the War on Noncompete Agreements
Following the Federal Trade Commission’s proposed near-total ban on non-compete agreements, which we wrote about here, and an increasing number of state laws limiting or banning such agreements, another federal agency official is piling on. On May 30, 2023,…
Supreme Court Rules that Unions May Be Sued for Strike Damage to Employer Property
By Fiona W. Ong
In (rare) good news for unionized employers, the U.S. Supreme Court has held that the National Labor Relations Act (NLRA) does not insulate a union from tort claims that it intentionally destroyed employer property during a strike.…
(Not Terribly Useful) Guidance from the DOL on the FMLA and Holidays
By Fiona W. Ong
Opinion letters from the U.S. Department of Labor are pretty unusual, so I get really excited when they issue one. And typically, the letter addresses an issue of some significance for employers. So I was giddy (GIDDY, I say!) when…
The EEOC Targets the Use of AI in Employment Decisions
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on the use of software, algorithms, and artificial intelligence (AI) for employment decisions under Title VII of the Civil Rights Act of 1964. This guidance comes as…
Employers Beware: The End of the COVID-19 Emergency Does Not Mean The End of the EEOC’s COVID-19 Guidance
By Fiona W. Ong
Throughout the COVID-19 pandemic, the EEOC has provided guidance to employers on how the federal anti-discrimination laws interact with COVID-19. This guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws, was…
Menstrual Leave Redux
By Fiona W. Ong
Way back in 2016, I wrote a blog post on menstrual leave, in which I suggested that menstrual leave (the concept of giving women up to 3 or so days of leave during THAT time of month) was not…
NLRB Returns to More Lenient Standard for Employees’ Abusive and Profane Misconduct
The National Labor Relations Board (NLRB or the “Board”) announced a return to the pre-2020 “setting-specific” standard in cases where employees are disciplined for misconduct occurring during the course of activity protected by the National Labor Relations Act (NLRA). The…
Biden Administration Ends Federal Vaccine Mandates – What This Means for Employers
By Fiona W. Ong
On May 1, 2023, President Biden issued a statement announcing the end of the federal COVID-19 vaccine mandates, including those impacting federal contractors and CMS-covered healthcare employers, among others. But what impact does this have on employer vaccine mandates?…
The EEOC’s “Best Practices” for LGBTQI+ Employment Equity
By Fiona W. Ong
As I’ve mentioned before, in my spare time (a lot more, now that the kids are out of the house) I sometimes review the Equal Employment Opportunity Commission’s federal sector Digest of EEO Law (which they used to issue quarterly,…