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Showing posts with label Employment Law. Show all posts
Showing posts with label Employment Law. Show all posts
Thursday, May 07, 2026

Joint Employer Rule Coming from DOJ Requires Deliberate Action in Setting Evidence Rather than Napkin Contracting

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The US Department of Labor recently proposed a rule , which if adopted, will increase the possibility that two distinct companies are determ...
Friday, March 20, 2026

EEOC Warning on DEI: What General Counsel Must Fix Now

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The Equal Employment Opportunity Commission has sent a clear message to employers: calling a program “DEI” does not change your obli...
Tuesday, March 03, 2026

DOL Proposes Another Independent Contractor Shift. Businesses Should Assume Litigation Is Coming.

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On February 27, 2026, the U.S. Department of Labor’s Wage and Hour Division issued a Proposed Rule that may once again change how independe...
Friday, February 27, 2026

Circuit Court of Appeals Gives Plaintiffs a Tactical Way Out of Pre-Dispute Arbitration Clauses

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In Bruce v. Adams & Reese, LLP , the 6th Circuit Court of Appeals held that a pre-dispute arbitration clause was invalid for an entire c...
Wednesday, February 04, 2026

NYC Enacts Gender-Motivated Violence Protection Law

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There is a new civil cause of action in NYC  (A dministrative Code of the City of New York  section 10-1104) for crimes of violence motivate...
Wednesday, January 14, 2026

DEI, the False Claims Act, and the New Enforcement Reality for Employers

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National Law Review article published this week highlights a significant shift in federal enforcement strategy: the U.S. Department of Justi...
Monday, December 22, 2025

Training Repayment Just Became Illegal in New York - Clawbacks Limited in NYS by the Trapped at Work Act

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New York State has enacted the Trapped at Work Act by A584C , effective on December 19, 2025. This law expressly precludes employers from re...
Tuesday, October 21, 2025

FMLA Just Got Messy: DOL Redefines “Normal Workweek” for Shift Workers

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Employees with irregular or extended schedules (like correctional officers, nurses, EMTs, and other shift-based workers) have a new way to c...
Monday, September 08, 2025

FTC Drops Non-Compete Ban: What Employers and Employees Need to Know About Enforceability

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On September 5, 2025, the Federal Trade Commission gave up on its federal non-compete ban . As a result, employees who are subject to non-co...
Tuesday, August 26, 2025

Remote Work and the ADA: Why Employers Should Think Twice Before Mandating Return to Office

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Smith v. District of Columbia  should embolden all disabled employees, whose disability necessities remote work to perform the essential fun...
Monday, August 25, 2025

From Texas to New York: Understanding Pregnancy Discrimination Protections at Work

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The federal Pregnant Workers Fairness Act has been effective since June 27, 2023 and requires reasonable accommodations and prohibits the de...
Thursday, August 21, 2025

Is Calling a Male Employee BALD Employment Discrimination?

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Apparently, the UK thinks so , but what about in NYS? In NYS, you'd have to prove that such a comment rose above a petty slight or trivi...
Wednesday, August 20, 2025

Think You Were Racially Discriminated Against at Work? You’re Not Alone - And Here’s How to Prove It

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According to Survey on Racism, Discrimination and Health: Experiences and Impacts Across Racial and Ethnic Groups, a 2023 national study, th...
Tuesday, July 22, 2025

Can a CEO Have an Affair with HR Without It Constituting Sexual Harassment at Work?

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We are asking for Andy Byron and the entire Astronomer team  after the Coldplay Kiss Cam fiasco. The truth is that a consensual sexual relat...
Friday, July 11, 2025

Florida's CHOICE Act - Non-Competes and Garden Leave - Employers Celebrate

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Effective July 1, 2025, Florida's CHOICE Act causes a four-year non-compete agreement to be presumptively enforceable. Does that mean th...
Wednesday, July 09, 2025

Amazon Flex Drivers: You Might Be Owed More Than You Think

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Amazon’s “Flex” program promises freedom - work when you want, earn on your terms. But if you’ve ever driven for Flex, you probably know tha...