A New Jersey federal court has ruled that a company’s self-disclosure of potential Foreign Corrupt Practices Act (FCPA) violations did not render the company a state actor, allowing evidence obtained by its internal...more
9/14/2023
/ Admissibility ,
Cooperation ,
Corporate Executives ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employee Misconduct ,
Foreign Corrupt Practices Act (FCPA) ,
Former Employee ,
Internal Investigations ,
Self-Disclosure Requirements ,
Yates Memorandum
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 September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law. The law is...more
Even with an increasing number of employers calling their workers back into the office following the pandemic, many employees across the United States are still working from home or otherwise working remotely. While many...more
On August 25, 2023, the National Labor Relations Board (NLRB) adopted a new standard for union representation that requires an employer to recognize and bargain with a union that has demonstrated majority status unless the...more
On August 24, 2023, the National Labor Relations Board (NLRB) announced a new final rule for union elections that revives the prior “ambush election” rules. The new rule compresses the time period between the time a...more
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
The Hawaiian island of Maui has been ravaged by unprecedented and quickly moving wildfires, which have taken a particular toll on hospitality employers. As the U.S. enters peak hurricane season, the Hawaiian and Canadian...more
8/23/2023
/ Disaster Preparedness ,
Employee Training ,
Hospitality Industry ,
Hurricane Season ,
Natural Disasters ,
NLRA ,
Policies and Procedures ,
Protected Concerted Activity ,
Severe Weather ,
Wildfires ,
Workplace Safety
Illinois has joined the wave of jurisdictions passing pay transparency requirements. On August 11, 2023, Illinois Governor J.B. Pritzker signed a bill into law that will require employers to include pay ranges in job postings...more
An Illinois federal court recently rejected an online eyewear retailer’s request for attorneys’ fees as the prevailing party in a Biometric Information Privacy Act (BIPA or Privacy Act) class action over its virtual try-on...more
The U.S. Department of the Treasury and the Internal Revenue Service (IRS) have finalized rules for the recapture of erroneously claimed Employee Retention Credits (ERC) and other tax credits provided to employers for...more
8/18/2023
/ American Rescue Plan Act of 2021 ,
CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Final Rules ,
IRS ,
Tax Credits ,
Temporary Regulations ,
U.S. Treasury ,
Underpayment
The Arizona Division of Occupational Safety and Health (ADOSH) has unveiled a new comprehensive state emphasis program (SEP) aimed at mitigating heat-related illnesses and injuries at both indoor and outdoor workplaces....more
On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more
8/11/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
Department of Education ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Groff v DeJoy ,
Public Schools ,
Religious Accommodation ,
Religious Discrimination ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Undue Hardship
The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...more
8/10/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
SCOTUS ,
State Attorneys General ,
Students for Fair Admissions v Harvard College ,
Title VII
Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI)...more
On August 5, 2023, New Jersey’s Temporary Workers Bill of Rights (TWBR) law takes full effect, bringing new obligations for temporary service firms and employers that utilize temporary workers. The State of New Jersey has...more
On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act...more
On July 21, 2023, the U.S. Court of Appeals for the Ninth Circuit kept in place a ruling that local delivery drivers who made deliveries completely inside California are still engaged in interstate commerce and exempt from...more
In a presidential proclamation on the 33rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more...more
On July 18, 2023, the Supreme Court of Illinois declined to reconsider its February 2023 holding that claims under the state’s Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or...more
7/24/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Calculation of Damages ,
Damages ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Personal Data ,
Petition For Rehearing
The U.S. Court of Appeals for the Fifth Circuit recently ruled that prohibitions against discriminatory employment practices against the LGTBQ+ community under Title VII of the Civil Rights Act of 1964 are inapplicable to...more
7/24/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Religious Beliefs ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standing ,
Substantial Burden ,
Title VII
Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act...more
7/21/2023
/ Anti-Discrimination Policies ,
Damage Caps ,
Employer Liability Issues ,
Equal Pay ,
Hairstyle Discrimination ,
Human Rights ,
Human Rights Code ,
New Legislation ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Paid Leave ,
Paid Sick Leave ,
Pay Equity Laws ,
State Labor Laws ,
Veterinarians
A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and...more
7/20/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Damages ,
IL Supreme Court ,
Intentional Torts ,
Jury Trial ,
Jury Verdicts ,
Liability ,
Privacy Laws ,
Recklessness ,
State Privacy Laws ,
Statutory Violations ,
Vicarious Liability
In a recent decision, a Georgia appellate panel held that an employee nonsolicitation covenant that limits what parties can do following the end of a business relationship must have an explicit geographic limitation to be...more
In a recent decision, a federal trial court in Illinois allowed an employee’s tortious interference claim to continue against his former employer alleging it had exaggerated the reach of a noncompete agreement that he had...more