Labor and Employment

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (available here), calling the additions its “capstone” to the bulletin in light of the recent end to the COVID-19 public health emergency.… Continue Reading

Minnesota Governor Tim Walz has signed into law three bills that create new obligations for Minnesota employers.

First, on May 24, 2023, Governor Walz signed a labor appropriations bill prohibiting the use of covenants not to compete against Minnesota employees and employers, with very limited exceptions involving the sale or dissolution of a business.… Continue Reading

Minnesota employers have 43 days to consider whether they want to beat the clock and enact or update non-compete agreements before July 1, 2023.

This week, the Minnesota legislature passed a labor appropriations bill which, if signed by Governor Walz as expected, will significantly restrict the use of non-compete clauses in employment and independent contractor agreements, as well as nearly any agreement entered into by a Minnesota party.… Continue Reading

By Brian D. Pedrow and Shannon N. Attalla

On May 1, in its Lion Elastomers decision, the Board overruled Trump-era precedent (General Motors) that made it easier for employers to discipline workers for outbursts in the context of workplace activism and union-related activity.  The Board reinstated prior precedent (Atlantic Steel and its progeny) that provides more leeway for worker outbursts when engaging in activities protected under the National Labor Relations Act, reasoning that this context is different from ordinary workplace exchanges. … Continue Reading

The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias arising from the use of artificial intelligence (AI).  The agencies joining the EEOC in the April 25, 2023, statement include the Consumer Financial Protection Bureau (CFPB), the Department of Justice’s Civil Rights Division (Division), and the Federal Trade Commission (FTC).  … Continue Reading

The focus remains on the National Labor Relations Board’s (Board or NLRB) ruling in February that asking employees to sign separation agreements with confidentiality and non-disparagement clauses is unlawful.  Most recently, the Board urged the Sixth Circuit to enforce its February 21, 2023 decision in McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL-CIO, which found that the company had violated Section 8(a)(1) of the National Labor Relations Act (NLRA) when it offered a separation agreement to 11 furloughed bargaining members that included a broad non-disparagement provision and a provision treating the agreement as confidential. … Continue Reading

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

On January 30, 2023, the Biden Administration said that it will end COVID-19 emergency declarations on May 11, 2023.  The federal government has been paying for COVID-19 vaccines, some tests, and certain treatments under the public health emergency declaration. Many of those costs now will be transferred to private insurance and government health plans.… Continue Reading

In a divided decision handed down yesterday, January 17, the United States Court of Appeals for the D.C. Circuit partially affirmed the decision of a federal District Court eliminating, in part, aspects of an employer-friendly 2019 Rule put in place by the National Labor Relations Board (“NLRB”) to “ensure fair and accurate voting, transparency, uniformity, certainty and finality, and efficiency” in the union election process by, in effect, slowing some of the Obama-era NLRB’s “quickie election” procedures.  … Continue Reading