Last month, the National Labor Relations Board (NLRB) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA or Act) when the employer offers employee severance agreements with provisions restricting employees’ Section 7 rights under the Act, such as with overly broad confidentiality and non-disparagement provisions.  McLaren Macomb, 372 NLRB No.… Continue Reading

On Monday of last week, Illinois Governor J.B. Pritzker signed into law the “Paid Leave for All Workers Act” (Act) which establishes a minimum paid leave standard for all workers in Illinois, with the exception of certain railway, construction, and student employees. Starting January 1, 2024, employees who work within the geographical boundaries of the state of Illinois will accrue a minimum of one hour of paid leave for every 40 hours worked.… Continue Reading

Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators.  Despite regulatory assurances that funds will be available in the near-term, employers with funds in SVB may remain concerned about their ability to meet ongoing obligations. … Continue Reading

On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) because the former employee’s amended lawsuit included plausible sexual harassment claims. … Continue Reading

On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and, therefore, entitled to overtime pay for hours worked over 40 in a work week. … Continue Reading

The United States Court of Appeals for the Fourth Circuit ruled that a disabled Florida resident has standing to sue a Maryland hotel under the Americans with Disabilities Act (“ADA”), despite that Florida resident (the  “plaintiff” ) never intending to stay at the hotel.

In Laufer v. Naranda Hotels, LLC,the plaintiff alleged that Naranda Hotels, LLC (“Naranda”) violated Title III of the ADA because a third-party hotel reservation website did not provide sufficient information regarding the accessibility of Naranda’s hotel rooms.… Continue Reading

The National Labor Relations Board (NLRB) has ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act when the employer uses employee severance agreements with provisions restricting employees’ exercise of their NLRA rights. In McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), the Board reversed its prior decisions in Baylor University Medical Center, 369 NLRB No.… Continue Reading

The Department of Labor’s Wage and Hour Division (“WHD”) recently issued Field Assistance Bulletin (FAB) No. 2023-1 to address  breaks for employees who telework under the Fair Labor Standards Act (“FLSA”), and application of the Family and Medical Leave Act (“FMLA”) to teleworking employees.

The FLSA requires covered employers to pay nonexempt employees for all hours worked, including work performed in their home or otherwise away from the employer’s premises or job site.… Continue Reading

On February 6, 2023, Governor Phil Murphy signed into law a controversial bill that will provide sweeping new protections and an expansion of rights for temporary workers in New Jersey, dubbed the “Temporary Workers’ Bill of Rights” (A1474/S511).  This new law, which represents a significant victory for temporary workers in the Garden State, seeks to increase government oversight of temporary staffing agencies, advance pay equity between temporary workers and regular employees, and preclude retaliatory conduct against temporary workers. … Continue Reading

Earlier this month, Minnesota Governor Tim Walz signed into law the “Creating a Respectful and Open World for Natural Hair (CROWN) Act” for the purpose of protecting individuals from discrimination and retaliation in employment, housing, education, and public services/accommodations on the basis of an individual’s natural hairstyle. Specifically, the CROWN Act amends the Minnesota Human Rights Act to provide that discrimination against an individual on the basis of “traits associated with race, including but not limited to hair texture and hair styles such braids, locs, and twists,” is unlawful. … Continue Reading