The Pregnant Workers Fairness Act (PWFA) is growing up very quickly, and the EEOC has been working fervently, through a combination of guidance and enforcement measures, to ensure it thrives. Specifically, just shy of the PWFA’s first birthday, the EEOC’s
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U.S. Supreme Court to Review Reverse Discrimination Standard
Should an employee’s burden to plead and prove workplace discrimination differ depending upon whether they are considered in a “majority” or “minority” group? The U.S. Supreme Court is now set to decide whether an arguably “heightened” standard of proof should…
DOL Promotes “AI & Inclusive Hiring Framework” Collab to Help Employers Avoid AI Discrimination in Hiring
Companies are increasingly turning to artificial intelligence (AI) to assist with employment related tasks, such as recruiting and hiring. AI tools are useful to increase efficiency, streamline the recruiting process, and eliminate human bias. However, these tools can pose a…
An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace
Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology itself. Originally intended…
Ban on the Run: Federal Court Blocks the FTC’s Non-Compete Ban Nationwide
A Federal Court has blocked the Federal Trade Commission’s Final Rule (the “Rule”) that was set to broadly ban nearly all forms of non-compete agreements.
On August 20, 2024, Judge Ada Brown of the Northern District of Texas permanently enjoined…
It’s Election Season! Regulating Political Speech in the Workplace
With less than three months to go until the general election, politics seem to be a hot topic for discussion these days! However, today’s political climate is more divisive than ever, and there are many reasons why you may not…
Will Section 10(j) Injunction Petitions By the NLRB Melt Away or Just Cool Down Since SCOTUS Served Starbucks a Win This Summer?
The National Labor Relations Board (NLRB or Board) has been using a caffeinated approach to challenge employers in unfair labor practice disputes, with Section 10(j) injunction petitions at the top of the menu, often resulting in drastic relief imposed by…
Is the Wicked Witch Really Dead? California Passes Long Anticipated PAGA Reforms, But Do They Really Help Employers?
In a lightning-fast deal brokered by Governor Gavin Newsom, California lawmakers enacted significant amendments to PAGA, California’s so-called “sue-your-boss” law that deputizes millions of workers across the state to bring labor law enforcement actions against their employers. The amendments, which…
Thanks for Your Opinion, But We’ve Got This: SCOTUS Eliminates Long-Standing Deference to Federal Agency Statutory Interpretation
Based upon a recent ruling by the U.S. Supreme Court, federal regulatory agencies are no longer entitled to deference as to their interpretation of a statute that is ambiguous, and federal courts are now compelled to exercise their independent judgment…
Legal Challenges to the U.S. Department of Labor’s New Overtime Rule
As expected, the first lawsuits have been filed to challenge a new Department of Labor (DOL) “Overtime Rule” that significantly raises the minimum salary threshold for the exempt, administrative, and professional (EAP) and highly compensated employee (HCE) overtime exemptions under…