The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National Labor Relations Act (“Act”), and therefore an employer violates the Act by requiring an employee to sign one. The General Counsel is responsible for the prosecution of unfair labor practice cases and for the supervision of the NLRB field offices in their processing of cases. This is a huge development, and ultimately it will be up to the Board to decide ...
Listen now to the newest episode of The Employment Law Counselor, Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society. Two new laws – the PUMP Act and the Pregnancy Worker Fairness Act – have recently been passed and put new requirements on employers. In this episode, host Jeff Stewart is joined by Tanya Salgado, and they dive into what employers must do to comply with these new laws and what policies will need to be updated.
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On December 29, 2022, President Biden signed the PUMP for Nursing Mothers Act and Pregnant Workers Fairness Act (“PWFA” or “Act”) into law. The PWFA requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
The Act applies only to accommodations, and does not replace federal, state, or local laws that provide greater protections to workers affected by pregnancy, childbirth ... Continue Reading
Listen now to hear the newest episode of The Employment Law Counselor, Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society. Partner Ryan Warden joins Jeff to discuss the recent explosion in wage and hour claims over the past few years in this week's episode titled "Wage Claims Are On The Rise, But Are They Covered?" Jeff and Ryan cover common issues, including minimum wage violations, unpaid overtime claims and wage and hour class actions.
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The Employment Law Counselor hosted by Jeff Stewart is launching the first episode of its new season in collaboration with Professional Liability Underwriting Society. In this episode, Partner Jeff Stewart is joined by Jim Anelli, Partner and Chair of the Labor and Employment Group at White and Williams, for a conversation diving into how companies can avoid liability in layoff situations.
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On January 5, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking to prohibit employers from entering into non-compete clauses with workers and require employers to rescind existing non-compete clauses. Proponents argue that non-compete clauses hold American workers “hostage” by keeping wages low and suppressing new businesses and innovation.
Dissenters, on the other hand, contend that, “the proposed rule is a radical departure from hundreds of years of legal precedent that employs a fact specific inquiry into whether a non-compete clause is ... Continue Reading
