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Most employers understand the U.S. Equal Employment Opportunity Commission (EEOC) requires them to have an effective harassment policy. However, the EEOC hasn’t provided any guidance on the content of these policies...

Jul 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

The Federal Trade Commission’s (FTC) noncompete rule deals a death blow to traditional noncompete agreements. Assuming challenges are unsuccessful, the rule will go into effect in August and will negate all existing...

Jul 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

Q What’s considered compensable time during the onboarding process under the Fair Labor Standards Act (FLSA)—for example, time completing paperwork before the start date, as well as time reviewing policies and procedures...

Jul 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

On April 22, 2024, the West Virginia Supreme Court of Appeals substantially redefined the burden of proof employers must meet to establish the degree of impairment that can be apportioned to a preexisting condition in...

Jul 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

On March 15, 2024, the U.S. Supreme Court issued a decision in Lindke v. Freed that lays out a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public...

Jul 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its “Enforcement Guidance on Harassment in the Workplace,” which is meant to update, consolidate, and replace the previous guidance...

Jul 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

Q We provide laptop computers to all our personnel. Many employees damage them during employment or return them with damage upon leaving employment. What are our options for recouping from employees the costs of...

Jun 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Last year, the Federal Trade Commission (FTC) issued a proposed rule to ban most noncompete agreements nationwide, with very limited exceptions. The sweeping rule forbids any contractual term between an employer and a...

Jun 01, 2024 · Employment Law Letter · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the Federal Trade Commission’s (FTC)...

Jun 01, 2024 · Employment Law Letter · California · New York · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

Q When crafting a severance agreement, should you follow the guidelines of the state the employee resides/works in or the state where the company is incorporated? The answer depends on a number of factors. Often...

Jun 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Recently, the Texas Supreme Court set aside a verdict against an employer when the plaintiffs’ lawyer made appeals to racial prejudice and gender bias during the trial. Car crash An employee of New Prime Inc. rear-ended...

Jun 01, 2024 · Employment Law Letter · Texas

To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance to implement the Pregnant Workers...

Jun 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

Can an employee sue under Title VII of the Civil Rights Act of 1964 to challenge a lateral transfer, even if the transfer doesn’t result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is...

Jun 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Recently, the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) reaffirmed its commitment to the principle that no Family and Medical Leave Act (FMLA) claim exists unless the employee gives...

Jun 01, 2024 · Employment Law Letter · Texas