by Tammy Binford
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On February 21, 2023, the National Labor Relations Board (NLRB) made a broadside attack on precedent, confidentiality, and nondisparagement provisions in severance agreements signed by rank-and-file employees. The far...
On February 6, 2023, Governor Phil Murphy signed Assembly Bill 1474/S511, commonly referred to as the Temporary Workers’ Bill of Rights. The bill’s “equal-pay-equal-benefit” provision requires temporary workers to be...
On March 7, 2023, the New Jersey Appellate Division ruled that a former employee must arbitrate her race discrimination claims rather than pursue them in court because she electronically acknowledged a mutual agreement...
The Minnesota Supreme Court issued an important decision in an employment law case on February 8, 2023, that clarifies standards established under the Minnesota Human Rights Act (MHRA). Background Barbara Henry was a...
A recent decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Michigan employers) upholding a noncompete agreement with a former employee highlights the need for legal counsel to craft...
A recent National Labor Relations Board (NLRB) ruling determined that including certain nondisparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (NLRA). Facts...
The title is a prediction, not a done deal. But no later than June 2023, I believe the U.S. Supreme Court will jettison a 46-year-old case that neutered an employer’s obligation to reasonably accommodate all aspects of...
A recent case from the U.S. 5th Circuit Court of Appeals (whose rulings cover all Texas employers) illuminates a fundamental tenet of employment law—namely, the prima facie (minimally sufficient) case. And like a...
This Texas case could be called “A Tale of Two Bonuses.” An employee received one from his employer but not the other. The reason why is instructive. Bonus #1 vs. bonus #2 Nicholas Scarsella went to work for Texstars...
Is an employee who makes $200,000 per year eligible for overtime? In two words: You bet. The U.S. Supreme Court ruled a day-rate employee wasn’t exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements in...
Q: We have a foreign-born employee who has been waiting for an appointment to renew her work authorization since November 2022, but it has now expired. How long can we allow her to take a leave of absence? Or would it be...
Q A background check for a job candidate revealed a “pending” misdemeanor case. Can we ask them to reapply in the future once the case has been resolved? It’s up to you. Employers may ask an applicant about their...
Q What is an employer’s obligation to pay an employee who has to miss work because of a subpoena that isn’t job-related? Is it similar to jury duty leave? In Mississippi, there isn’t a statute requiring an employer to...
Q Can an employer require employees to come into work during inclement weather, especially essential employers (i.e., hospitals) that don’t close during emergencies? Inclement weather is a forgone conclusion in...
The Seattle City Council became the first U.S. jurisdiction to identify caste as a protected class under its Human Rights Code on February 21, 2023, when it passed CB 120511, “An Ordinance Relating to Human Rights...
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