Federal legislative change typically means Congressional debate and approval. While the National Labor Relations Act (the “Act”) has been around since the 1930s, neither Congress nor the National Labor Relations Board (the “Board”) has ever sought to manage non-compete agreements through the Act. Historically, the enforceability of non-compete provisions has […]
Labor & Employment Law Update
NLRB Narrows Independent Contractor Definition
On June 13, 2023, in its Atlanta Opera decision,[1] the National Labor Relations Board (“NLRB”) returned to an Obama era standard for defining independent contractors. It’s now easier for the Board to classify workers as employees. Why does it matter? Employees are protected under the National Labor Relation Act (“NLRA”), […]
EEOC Releases Capstone Update to COVID-19 Technical Assistance for Employers
On May 15, 2023, following the expiration of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its current technical assistance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The EEOC’s update makes it clear the conclusion […]
New Field Assistance Bulletin Provides Enforcement Support and Public Guidance on the Providing Urgent Maternal Protections for Nursing Mothers Act
On May 17, 2023, the U.S. Department of Labor Wage and Hour Division (“WHD”) published Field Assistance Bulletin No. 2023-02 (the “FAB”), which provides both enforcement support and public guidance regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP for Nursing Mothers Act”). The FAB supplements WHD’s […]
EEOC Issues New Guidance on Artificial Intelligence In Hiring
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance to employers who seek to use algorithmic artificial intelligence (“AI”) tools in recruitment. While these tools may come with time-saving perks, the EEOC answers employers’ questions about how the use of AI could lead to employment discrimination under Title VII. […]