Labor & Employment

STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE Decided June 29, 2023 “I hold out enduring hope that this country will live up to its principles so clearly enunciated in the Decla­ration of Independence and the Constitution of the United States: that all men are created equal, are equal citizens, and…

A recently enacted Florida immigration law will require private employers with at least 25 employees to use E-Verify, the digital immigration verification tool, during their onboarding process for new employees, starting July 1, 2023.. All private employers are required to complete the I-9 form within three days of a new hire’s start date to verify…

As of June 27, 2023, the new federal Pregnant Workers Fairness Act (“PWFA”) took effect, covering both federal government and private employers with 15 or more employees. The law, which passed in December and was signed by President Biden, requires that private employers provide their pregnant employees workplace accommodations for pregnancy-related medical conditions, everything from…

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…

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…

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…

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…

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…

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…

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…