Labor & Employment Law Update

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 […]

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. […]

A few weeks ago, in late February 2023, we cautioned employers about a game changing National Labor Relations Board decision severely restricting confidentiality and disparagement clauses in severance agreements.[1] Yesterday, March 22, 2023, the NLRB’s top lawyer published additional guidance on this subject.[2]  General Counsel Abruzzo has now declared: The […]

Employees in 2023 enjoy a target rich environment for challenging their terminations.  Civil rights challenges alleging race, religion, gender and sexual orientation discrimination (among others) are common.  Employees can also assert discrimination based on age, or medical condition, or failure to accommodate.  They can allege retaliation based on FMLA usage, […]

On the same day they began issuing the new cards, the U.S. Citizenship and Immigration Services (“USCIS”) announced new designs for the Permanent Resident Card (also known as a “Green Card”) and Employment Authorization Document (“EAD”), beginning with any card issued on January 30, 2023. The USCIS website should be […]