Biden Administration Again Comes Out Against Non-Competition Agreements
A key federal government agency in the Biden Administration has come out against the use and enforcement of non-competition agreements, except in limited circumstances. In an official memorandum dated May 30, 2023, the National Labor Relations Board (NLRB) is opposing the proffer, maintenance, and enforcement of non-compete provisions in employment contracts and severance agreements, arguing…
Some Highly Paid Executives May be Entitled to Overtime Pay Under a New Decision by the U.S. Supreme Court
Private employers who consider certain top, highly compensated executives not to be entitled to receive overtime pay may need to change their pay practices under a new Supreme Court decision. In the case of Helix Energy Solutions Group, Inc. v. Hewitt, decided by a 6-3 vote on February 22, the high court ruled that only…
Appellate Court Expands Rights of Miami-Dade Employees to Sue for Workplace Discrimination
In a precedent-setting decision creating new rights for employees claiming job discrimination in Miami-Dade County, the Florida Third District Court of Appeal has ruled that such claims may be asserted in court against employers with as few as five employees. A panel of three judges decided that section 11A-28(10) of the Miami-Dade County Code allows…
Biden Administration Declares War on Mandatory Arbitration in Workplace Disputes
President Biden has signed into law H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. ” The new law, if upheld by the courts, would invalidate all pre-dispute arbitration agreements that preclude a party from filing a lawsuit in court involving sexual assault or sexual harassment, at the sole…
Union Loses Election at Amazon’s Alabama Plant
In an election that was watched closely nationally and internationally, a union of retail store workers has failed in its effort to organize the close to 6,000 employees of tech giant Amazon in Bessemer, Alabama. Given President Biden’s strong support of the union movement generally, and of the Amazon workers in Bessemer specifically, it was…
OSHA Issues New Workplace Guidance on COVID-19
Acting on instructions from President Joe Biden, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a stronger worker safety guidance to help employers and workers implement coronavirus prevention programs in the workplace. The guidance, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace,” may be…
EEOC Issues COVID-19 Vaccination Guidance for Employers
As COVID-19 vaccines become slowly available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse to take the vaccine, among other questions. Employers may encourage or possibly require COVID-19 vaccinations, but employer policies must comply with the Americans with Disabilities Act (ADA), Title VII…
EEOC Updates COVID-19 Technical Assistance Publication
The U.S. Equal Employment Opportunity Commission (EEOC) has posted online an updated technical assistance document, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (‘WYSK’).” The comprehensive guide, in question and answer format, addresses common workplace questions about dealing with the coronavirus pandemic. The new publication incorporates information…
In a Surprise 6-3 Decision, the Supreme Court Rules That LGBTQ Employees Are Protected Against Workplace Discrimination
For those who were expecting it, as well as for those who were not, and have been surprised, the United States Supreme Court has delivered a thunderbolt decision protecting for the first time ever employees’ workplace rights against discrimination on the basis of their sexual identity or orientation. In an expansive, activist interpretation of the…
EEOC Adds ‘Return To Work’ Section To Coronavirus Guidance
The U.S. Equal Employment Opportunity Commission has again revamped its guidance for employers dealing with the COVID-19 pandemic, expanding on advice for disability accommodation requests and harassment while also adding a section on employees going back to work. See “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” at: https://www.eeoc.gov/facts/pandemic_flu.html
