For both employers and executives, having a well-drafted executive employment agreement is key to defining the relationship between an employer and one of its most important employees. The contract also sets the parties’...more
7/30/2025
/ Breach of Contract ,
Change in Control ,
Contract Terms ,
Dispute Resolution ,
Employer Liability Issues ,
Employment Contract ,
Executive Compensation ,
Non-Compete Agreements ,
Restrictive Covenants ,
Severance Agreements ,
Termination
Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the...more
In an age of artificial intelligence and technological advances that improve the quality of deep fake programming, companies must remain vigilant to protect their brand and assets. They also have to be wary of who is applying...more
6/26/2025
/ Artificial Intelligence ,
Best Practices ,
Compliance ,
Corporate Counsel ,
Deep Fake ,
E-Verify ,
Employer Liability Issues ,
Employer Responsibilities ,
Fraud ,
Hiring & Firing ,
Job Applicants ,
Risk Management ,
Technology
A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...more
5/30/2025
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Emotional Support Animals ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Reasonable Accommodation ,
Service Animals ,
State and Local Government ,
Undue Hardship
Whether or not the TikTok ban is upheld following the January 10, 2025, oral arguments in front of the Supreme Court, employers should be aware of some social media trends stemming from the app that are here to stay. As...more
1/20/2025
/ Confidential Information ,
Data Privacy ,
Data Protection ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Bans ,
NLRA ,
NLRB ,
Social Media ,
TikTok ,
Unions
As we prepare for 2025, it’s essential to update your employee handbook to reflect the latest legal requirements, workplace trends, and best practices. Now is an opportune time to review and revise your policies to ensure...more
12/26/2024
/ Anti-Harassment Policies ,
Classification ,
Employee Handbooks ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hybrid Plan ,
Non-Exempt Employees ,
Paid Time Off (PTO) ,
Parental Leave ,
Popular ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Regulatory Agenda ,
Regulatory Requirements ,
Remote Working
The 11th Circuit has spoken on a topic with divergent views among the circuits – finding that Title IX does not provide an implied right of action for sex discrimination. In so doing, it affirmed summary judgment for the...more
On Friday, November 15, 2024, the United States District Court for the Eastern District of Texas set aside the Department of Labor’s (DOL) rule increasing the minimum salary level for the executive, administrative, and...more
11/19/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Regulatory Agenda ,
Regulatory Authority ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more
8/29/2024
/ Civil Rights Act ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda ,
Title VII
The top lawyer for the National Labor Relations Board (NLRB) is ordering her subordinates to continue to seek injunctions against employers for alleged violations of the National Labor Relations Act (NLRA), despite the...more
As recently reflected by the Fourth Circuit’s opinion in Billard v. Charlotte Catholic High School, Title VII has a notable ministerial exception that religiously affiliated entities such as private religious schools should...more
Spring is here (for most of us we hope) with warmer weather, fresh flowers, yard work and outdoor activities. Now is also a good time to ensure your “employment house” is in order. Here are some items for your employment...more
4/29/2024
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
IRS ,
Labor Reform ,
Labor Regulations ,
New Rules ,
Policies and Procedures ,
Regulatory Requirements ,
Restrictive Covenants
If your company is named in a new lawsuit or receives a EEOC charge, part of your review process should include checking to see if the filing complainant or plaintiff has a pending bankruptcy action. If so, the next step is...more
Employment attorneys and employers are well aware that noncompete and nonsolicitation agreements have been under continued scrutiny by states across the country. While the laws vary from state to state, generally, restrictive...more
1/6/2023
/ Competition ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
FTC Act ,
Independent Contractors ,
New Legislation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
U.S. Treasury
Most employers know the Americans with Disabilities Act (ADA) as the law that prohibits discrimination on the basis of disability and requires reasonable accommodations of employees’ disabilities. However, this prohibition is...more
6/30/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Public Accommodation ,
Reasonable Accommodation ,
Title I ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Union efforts to organize workers are on the rise. Most notably, several high-profile employers are at the forefront of recent union campaigns, including Amazon, Starbucks and now Apple. Employees at Amazon’s Staten Island,...more
4/26/2022
/ Amazon ,
Apple ,
Employees ,
Employer Liability Issues ,
Labor Regulations ,
Labor Relations ,
Starbucks ,
Union Elections ,
Union Membership ,
Union Organizers ,
Union Representatives ,
Unions
COVID-19 vaccinations in the workplace are obviously a hot topic, especially in light of President Biden’s recent proposal that employers with 100 or more employees mandate vaccination or weekly testing. Most vaccine...more
With employers reopening fully and employees returning to the workplace from the pandemic, there has been a steady flow of challenges -- both legal filings and political and public opposition -- by individuals opposing...more
Roughly 15 months ago the word “Zoom” would have conjured up images of cartoon race cars or maybe Dr. Seuss’ Go Dog Go book. Such images not only show our age but reflect how much our world has changed since the COVID-19...more
Although most employers don’t want a union in their workplace, the National Labor Relations Act (NLRA) is clear: You cannot interfere with union organizing efforts. A federal district court in Kentucky recently followed this...more
With the explosion of remote work arrangements during the COVID-19 pandemic, employers are more likely to have remote employees who live in different states. A company should examine whether it is actually subject to...more
Law and Practice -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more
10/22/2020
/ Black Lives Matter ,
Coronavirus/COVID-19 ,
Discrimination ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Gig Economy ,
Harassment ,
Immigration ,
Independent Contractors ,
Interviews ,
New Guidance ,
NLRB ,
Privacy Policy ,
Remote Working ,
Restrictive Covenants ,
State and Local Government ,
Technology Sector ,
Unions ,
Whistleblower Awards ,
Workplace Safety
Two recent advice memos issued by the National Labor Relations Board (NLRB) provide further guidance on the issue of “protected concerted activity” under Section 7 of the National Labor Relations Act (NLRA), commonly referred...more
8/31/2020
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Termination ,
Unfair Dismissal ,
Unfair Labor Practices
With the minimum guaranteed salary requirement for the most common Fair Labor Standards Act exemptions being raised from $23,660 to $35,568, effective January 1, 2020, under a final rule issued by the U.S. Department of Labor...more
12/18/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
In Deborah Hansler v. Lehigh Valley Hospital Network, the United States Court of Appeals for the Third Circuit overturned a motion to dismiss granted to Lehigh Valley based on FMLA regulations and its interpretation regarding...more