In a strongly worded and unanimous opinion, a panel of judges from the Eleventh Circuit Court of Appeals determined that Florida’s STOP W.O.K.E. Act[1] is unconstitutional. The court noted that Florida’s defense of the law’s validity represented “clever framing
Labor and Employment Law Insights
Latest from Labor and Employment Law Insights
The DOL’s New Proposed Rule Increasing Salary Basis: What it Means for Employers
Under the Fair Labor Standards Act (FLSA), employers must provide overtime pay to employees at one and one-half times an employee’s regular pay rate for every hour the employee works beyond 40 hours in a workweek, unless the employee falls…
Employers Beware: The Scope of Responsibility for Workplace Shootings Is Widening
In 2021, there was a mass shooting at a high school in Michigan in which four students were killed. As a result of this shooting, not only was the shooter prosecuted, but the parents of the shooter were charged with…
Congress Considers Raising or Eliminating the Statutory Caps on Damages for Claims Brought Under Title VII and the ADA
Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and the ADA. While the plan is still…
Beyond the Stereotype: Confronting Gender-Based Pay Discrimination Against Men
As pay equity and transparency laws continue to spread across the country, the Equal Employment Opportunity Commission (EEOC) reminds us that both women and men can be subject to discriminatory pay practices based on gender.…
Cultivating Cultural Sensitivity in the Workplace: Words to Leave Behind in 2024
In our ever-evolving world, fostering cultural sensitivity is paramount for minimizing legal risks and creating inclusive, respectful work environments. Language plays a crucial role in shaping our perceptions, and unfortunately, some words used in everyday conversation may perpetuate stereotypes and…
SCOTUS Punts on Standing: ADA “Tester” Case Dismissed for Mootness
For the past year, businesses and attorneys alike have been impatiently awaiting the U.S. Supreme Court’s decision on whether a “tester” plaintiff – a person with a disability who examines compliance with the Americans with Disabilities Act (“ADA”) – has…
New Proposed H-1B Rules Seek to Modernize Requirements and Reduce Fraud
On October 23, 2023, U.S. Citizenship and Immigration Service (USCIS) issued a notice of proposed rulemaking to amend the H-1B regulations. These proposed rules are seen as a significant step to modernize the H-1B requirements and address issues of…
A Valentine’s Day Treat for California Employees — Employers Must Notify Employees that Non-Compete Provisions Are Void by February 14, 2024
A new California law requires employers to notify all current and former employees if any signed employment agreement (e.g., offer letter, non-disclosure agreement, employment contract), contains an invalid post-employment covenant not to compete (a “non-compete provision”). Assembly Bill 1076,…
Still “Business as Usual”: Recent Challenges to Company DEI Efforts
On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing lawsuits challenging their employers’ diversity, equity, and…