Businesses frequently choose Delaware as the governing law and venue for enforcement when drafting many kinds of agreements, including non-competition covenants. Delaware is attractive for several reasons, including robust non-compete enforcement and sophisticated commercial courts. Recent opinions, however, are tightening
Labor & Employment Law Perspectives
Labor & Employment Law Perspectives, published by Foley & Lardner LLP, focuses on legal developments and regulatory changes affecting labor and employment practices. The blog covers topics such as paid leave laws, wage and hour regulations, joint employer standards, pay transparency requirements, workplace discrimination, labor relations, and the impact of emerging technologies like artificial intelligence on employment. It addresses compliance strategies, legislative updates, and practical implications for employers and employees, with attention to federal and state-level policies. The content is relevant for HR professionals, legal practitioners, and business leaders managing workforce-related legal risks and obligations.
Latest from Labor & Employment Law Perspectives - Page 6
DHS Grants Additional Time for Full Form I-9 Compliance after Temporary Flexibility Procedures End and Provides Update on Future Remove Verification Rule
In a May 4, 2023, announcement, the U.S. Department of Homeland Security (DHS) granted employers through August 30, 2023, to complete the physical document inspection required for Form I-9, Employment Eligibility Verification, after relying on the COVID-19 temporary…
Federal Contractors and Subcontractors — You MUST Implement a New Voluntary Self-Identification Form for Disability On or Before July 25, 2023
In late April 2023, the Office of Federal Contract Compliance Programs (OFCCP) advised that a “new” Voluntary Self-ID form for disability has been issued by the Agency. Because the form was approved by the Office of Management and Business,…
New York City Employers Beware: The Big Apple has Issued Its Final Rule Regulating AI Tools Used to Vet Job Applicants (Other Cities are Sure to Follow)
At this point in the evolution of AI technology, while there is endless debate about nothing less lofty than AI’s broad implications for humanity as a whole, it seems we can all agree on one small point. The use of…
Ensuring Your Independent Contractors Don’t ‘Deliver’ Wisconsin Unemployment Insurance Tax Liability
Those doing business in the Badger State should take note — in a recent case, the Wisconsin Court of Appeals determined that delivery drivers who were paid as independent contractors were improperly classified as employees for purposes of unemployment insurance…
Supreme Court hears Arguments on Case Poised to Alter Employers’ Religious Accommodation Obligations
On April 18, 2023, the U.S. Supreme Court heard arguments in a high-profile case seeking to alter employers’ obligations to accommodate workers’ religious observances. Federal law currently requires covered employers to reasonably accommodate employees’ sincerely held religious beliefs — unless…
Michigan Extends Employment Law Protections to Prohibit Discrimination Based on Sexual Orientation and Gender Identity
Although many company equal employment opportunity and no-harassment policies prohibit discrimination or harassment based on sexual orientation and gender identity, not all applicable state civil rights laws provide such protections. Currently, twenty-two states, the District of Columbia, and a number…
Top Tips for Utilizing OSHA Accident and Injury Data
In the past few decades, the world has seen an explosion in the quantity and accessibility of business-generated workplace data. As a result, employers have increasingly prioritized data analytics (the use of statistical and computational techniques to analyze large sets…
NLRB General Counsel Issues New Guidance on Separation Agreements
Last month we wrote about a February 21, 2023, National Labor Relations Board (NLRB) decision, McLaren Macomb, which held that overly broad confidentiality and non-disparagement provisions in employee severance agreements violated Section 7 of the National Labor Relations Act…
Proposed California Law Seeks to Ban Discrimination Based Upon Caste
A bill now pending in the California State Senate would amend that state’s anti-discrimination law to outlaw discrimination based upon a person’s caste. The proposed law defines caste as “a system of social stratification where each position is characterized by…