A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more
4/15/2025
/ Appeals ,
Disability Discrimination ,
Employee Definition ,
Employee Rights ,
Employees ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Reasonable Accommodation ,
Remote Working ,
State Labor Laws ,
Telecommuting
Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more
2/25/2025
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Equal Opportunities ,
Executive Orders ,
Federal Contractors ,
Gender Discrimination ,
Hiring & Firing ,
Labor Reform ,
Preliminary Injunctions ,
Race Discrimination ,
Sex Discrimination ,
State Attorneys General ,
Title VII ,
Trump Administration
On October 7, 2024, the National Labor Relations Board’s (NLRB) top prosecutor issued a memo to NLRB regional offices, solidifying the hard line her office will take on noncompete and “stay-or-pay” agreements and calling for...more
Pennsylvania’s new Fair Contracting for Health Care Practitioners Act limits the use of certain restrictive covenants between employers and health care workers and imposes heightened patient notice obligations on applicable...more
As we previously reported, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for...more
5/20/2024
/ Competition ,
Corporate Sales Transactions ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements
The Federal Trade Commission (FTC) voted to issue a final rule that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more
2/8/2024
/ Educational Institutions ,
Employee Definition ,
Employees ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
NLRA ,
NLRB ,
Student Athletes ,
Unions ,
Wage and Hour
On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more
1/10/2024
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Minimum Wage ,
New Rules ,
NLRA ,
Over-Time ,
Proposed Rules ,
Unpaid Overtime ,
Wage and Hour
Last week, the National Labor Relations Board (“Board”) issued a decision changing the legal standard it will use to determine whether workers are “employees” covered by the National Labor Relations Act (“NLRA”), or...more
Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United...more
In January 2020, New Jersey Governor Phil Murphy signed into law Senate Bill 3170, which amended and significantly expanded employer obligations under the Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ...more
On Tuesday, October 5, 2021, Governor Phil Murphy signed legislation expanding state law protection against age discrimination for those employees who are 70 years of age or older. The legislation amends the New Jersey Law...more
In a 6-3 opinion authored by Justice Gorsuch, a conservative, the Supreme Court has ruled that Title VII’s civil rights protections extend unequivocally to LGBTQ employees. Chief Justice Roberts and Justices Ginsburg, Breyer,...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On July 25, 2019, New Jersey passed a salary history ban, following in the footsteps of more than a dozen other states and cities that have already passed legislation intended to combat gender-based pay inequity. ...more
7/31/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
New York Governor Andrew Cuomo signed two bills into law yesterday, amending Labor Law §194, to address the much-discussed "wage gap."
New York previously barred pay differences based on gender, but the law signed...more
7/12/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour