On April 29, 2024, the United States Equal Employment Opportunity Commission (EEOC) published its updated guidance on workplace harassment, Enforcement Guidance on Harassment in the Workplace. The EEOC’s guidance on legal standards and employer liability is intended to assist employers in creating respectful workplaces and help workers feel safe on the job.     Addressing the Need for Updated Guidance Federal employment discrimination laws are enforced by the EEOC to protect covered employees from harassment based upon race, color, religion, sex, sexual orientation, gender, national ..read more

On April 29, 2024, the United States Equal Employment Opportunity Commission (EEOC) published its updated guidance on workplace harassment, Enforcement Guidance on Harassment in the Workplace. The EEOC’s guidance on legal standards and employer liability is intended to assist employers in creating respectful workplaces and help workers feel safe on the job. KingSpry’s Employment Law Chair, Avery E. Smith, and Employment Law Attorney, Sarah Modrick, provide employers a comprehensive review of the EEOC’s update and offer guidance as to how employers can ensure compliance. Addressing the Need for ..read more

The Federal House Energy and Commerce Committee released a draft of their new legislation, the American Privacy Rights Act (the “Act”) earlier this month. The Act intends to establish a national data privacy and security standard that gives Americans the right to control their personal information. Despite being in the early stages of the legislative process, the Act has received high praise from both sides of the aisle and business executives. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., details the American Privacy Rights Act and how it may impact companies upon enactment. Pur ..read more

What Will Change With the New Rule, Effective August 1 The U.S. Department of Education (DOE) posted a Notice of Proposed Rulemaking (NPRM) for Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance in the Federal Register approximately two years ago on July 12, 2022, with a period of two months for public comments on the proposed amendments to what the public characterized as the 2020 “Betsy DeVos Rule for Title IX.”  DeVos was Trump’s Secretary of Education when the 2020 Title IX Regulations were adopted. DOE received over 249,00 ..read more

On April 23rd, 2024, the Federal Trade Commission (FTC) announced its long-awaited rule intending to promote competition nationwide. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., and attorney Shorav Kaushik discuss what this new rule means for employers and what developments can be expected in the coming months challenging this new regulation. Timeline In January of 2023, the FTC proposed a rule banning non-compete clauses which was subject to the 90-day public comment period. The proposed rule drew over 25,000 comments in support of the ban, out of 26,000 comments total. On April 23 ..read more

On April 19, 2024, after a two-year comment period which drew over 240,000 responses, the United States Department of Education released its final rule, implementing many changes to Title IX.  The final rule is set to take effect on August 1,2024.  Enacted in 1972, Title IX is a federal civil rights law outlawing discrimination in education based on sex.  Title IX applies to elementary schools, high school and colleges that receive federal funding (hereinafter “Recipients”).    The new provisions include several major changes, which will require Recipients to upda ..read more

On April 15, 2024, the United States Equal Employment Opportunity Commission issued its Final Rule which implements the Pregnant Workers Fairness Act and provides interpretative guidance for both employers and employees. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., has kept abreast of both the Pregnant Worker’s Fairness Act and the EEOC’s Proposed Rule. She details what the EEOC’s Final Rule means and how employers can ensure compliance with the new regulation. Timeline The Pregnant Workers Fairness Act (“PWFA”) took effect on June 27, 2023, requiring all covered employers to provide ..read more

On April 8 and 9, 2024, the Pennsylvania Senate and House of Representatives signed Senate Bill No. 55. SB 55 which develops a procedure for custody proceedings that ensures greater protection of children. Upon signature by Pennsylvania’s Governor, Josh Shapiro, Kayden’s Law will be enacted. KingSpry’s Managing Partner and Family Law Attorney, Jessica F. Moyer, details the impact Kayden’s Law will have on child custody proceedings. Background Sponsors of Senate Bill No. 55 (“SB 55”), Senators Steven J. Santarsiero and Lisa Baker, emphasize the importance of establishing Kayden’s ..read more

In August of 2023, the United States Department of Labor (“DOL”) announced its notice of proposed rulemaking to restore and extend overtime protections for approximately 3.6 million salaried-workers.   Per DOL, the passage of its proposed rule would ensure that more workers receive extra pay for working long hours. KingSpry’s Employment Law Chair, Avery E. Smith, Esq., details what DOL’s proposed rule means for employers, should it take effect this year. The Current Rule The federal overtime provisions are set forth in the Fair Labor Standards Act (“FSLA”), which requires that most employ ..read more

On March 15, 2024, the Supreme Court of the United States ruled that state officials may be sued in some circumstances where they act in their official capacity on social media. Applying the state-action doctrine, the Court ruled on Lindke v. Freed, No. 22-611, 2024 U.S. LEXIS 1214 (Mar. 15, 2024), a case arising from a public official’s act of deleting comments and blocking profiles from his Facebook page. Facts of the Case Around 2008, James R. Freed created a private Facebook profile that was later changed to a public page. By changing the status of his account, Freed permitted anyone to vi ..read more