Millions of college sports fans and alumni each year tune in to watch the National Collegiate Athletic Association (NCAA) men’s and women’s college basketball tournaments, referred to as “March Madness.”...more
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more
3/15/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Free Speech ,
New Legislation ,
Racial Bias ,
Stop Woke Act ,
Students for Fair Admissions v Harvard College ,
Title VII
The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more
3/8/2024
/ Age Discrimination ,
Breach of Contract ,
CHRO ,
Claims Limitations Period ,
Constructive Discharge ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Resignation ,
SCOTUS ,
State Labor Laws ,
State Law Claims ,
Title VII
States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill...more
On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer...more
Under a new law passed in October 2023, California employers must provide all current and certain former California employees with individualized written notices by February 14, 2024, advising them that any noncompete clauses...more
The U.S. Securities and Exchange Commission (SEC) in recent years has taken an aggressive stance against employers over employment agreements that the agency believes impede its whistleblower program—as highlighted by a $10...more
1/29/2024
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Enforcement Actions ,
Non-Disclosure Agreement ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
On January 20, 2024, New York City enacted a law that will create a private right of action allowing employees to file lawsuits in court alleging violations of the city’s Earned Safe and Sick Time Act (ESSTA) within two years...more
A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...more
1/23/2024
/ Arbitration ,
Arbitration Agreements ,
Disability Discrimination ,
E-Signatures ,
Employer Liability Issues ,
Harassment ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Retaliation ,
Unconscionable Contracts ,
Unenforceable Contract Terms ,
Wrongful Termination
On January 17, 2024, New York’s Appellate Division Second Department held that “manual workers” under the state labor law do not have a private right of action to pursue alleged violations of the labor law’s weekly pay...more
New class action and California Private Attorneys General Act (PAGA) filings have grown exponentially in recent years and reached record numbers in 2023. This trend is raising concerns for California employers as the state...more
With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more
1/4/2024
/ Appellate Courts ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
Evidence ,
Evidentiary Standards ,
Reverse Discrimination ,
Sexual Orientation ,
Title VII
New York Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free Act,” which will provide protections for freelance workers, mirroring those already provided in New York City....more
The California Department of Industrial Relations (DIR) recently released new guidance clarifying how employers using mandatory paid sick leave accrual and caps may transition to the increased amount of forty hours or five...more
On December 12, 2023, New York lawmakers formally delivered a bill to Governor Kathy Hochul’s desk for signature that would ban nearly all types of noncompete agreements in employment. The legislature and governor’s office...more
Beginning on July 1, 2024, New York City employers will be required under a newly enacted city law to distribute and post a city-created “Workers’ Bill of Rights” notice informing employees of their employment rights....more
On December 5, 2023, the Supreme Court of the United States vacated a case over whether a self-proclaimed “tester” had standing to bring Americans with Disabilities Act (ADA) claims against a hotel that she did not plan to...more
New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations...more
The New York City ordinance banning discrimination in employment, housing, and public accommodations on the basis of an individual’s height and weight is set to go into effect on November 22, 2023....more
On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will reinforce the state’s ban on noncompete agreements in employment by making it unlawful for employers to mandate that employees sign...more
Employers in Washington are facing a flurry of class actions alleging violations of the state’s new pay transparency law. While it is too early to gauge the viability of the claims, employers doing business in Washington may...more
10/17/2023
/ Class Action ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Governor Inslee ,
Injunctive Relief ,
Job Ads ,
Pay Transparency ,
Posting Requirements ,
Putative Class Actions ,
State Labor Laws ,
Wage and Hour
On September 6, 2023, New York Governor Kathy Hochul signed a law that prohibits employers from requiring employees to attend employer-sponsored meetings the “primary purpose” of which is to communicate the employer’s...more
Luis Rubiales resigned as the president of the Spanish soccer federation (RFEF) amid controversy over his kissing a women’s national team player without her consent following the team’s 2023 FIFA Women’s World Cup win. The...more
On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more
9/8/2023
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Violations ,
Unfair Labor Practices ,
Unions
On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more
8/23/2023
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Appeals ,
Civil Rights Act ,
Commission on Human Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
En Banc Review ,
Gender Discrimination ,
Precedential Opinion ,
Public Employees ,
Remand ,
Reversal ,
Terms and Conditions ,
Title VII ,
Wage and Hour ,
Work Schedules