On March 22, 2023, the NLRB's General Counsel issued a Memorandum (the “Memo”) providing guidance on the scope and effect of the National Labor Relations Board’s (the “NLRB”) decision in McLaren Macomb, which found overbroad...more
3/29/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more
3/6/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disparagement Provisions ,
Section 7 ,
Separation Agreement ,
Severance Agreements ,
Termination
Overturning nearly 20 years of lower-court precedent, on April 4, 2022, the Massachusetts Supreme Judicial Court (SJC) issued a landmark decision holding that an employer is strictly liable for treble damages for any late...more
Following a rare showing of bipartisan support, yesterday President Biden signed into law a landmark bill making it easier for individuals to pursue workplace sexual harassment claims in court and striking a blow to...more
In a landmark decision today, the U.S. Supreme Court ruled in Bostock v. Clayton County Georgia that federal law protects gay, lesbian, bisexual, and transgender workers from employment discrimination.
In a 6-3 opinion...more
6/16/2020
/ 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 June 11, the U.S. Equal Employment Opportunity Commission (EEOC) updated its question and answer document What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The latest Guidance,...more
6/16/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
New Guidance ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rehabilitation Act ,
Workplace Safety
On March 18, 2020, we published an alert informing employers that, due to the severity of the COVID-19 outbreak, they could lawfully take employees’ body temperatures as a condition of their entering the workplace. At that...more