On April 8, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued GC Memo 24-04, providing yet another memorandum broadening remedies for employees that have been wrongfully discharged for engaging in union or other protected concerted activity.  In this memo, GC Abruzzo encouraged Regions to pursue make-whole remedies for all employees, including those not identified in an unfair labor practice investigation, allegedly harmed by the unlawful rules or contract terms.  At the outset of the memo, Abruzzo touted the Regions’ successes in obtaining make-whole reli ..read more

On May 16, 2024, the U.S. Department of Labor issued principles for employers (and developers) on the use of AI in the workplace. And unsurprisingly, given the Biden Administration’s pro-worker approach to employment issues, the “North Star” of these principles is the involvement of workers and their representatives in the implementation of AI in the workplace. The use of artificial intelligence has burgeoned across all aspects of our society, including in the workplace, which has forced employers to confront a myriad of new challenges. We gave an overview of many of these issues in our June 2 ..read more

Last month, many of us took a few moments out of our day to view the solar eclipse (with the proper eyewear, of course – which made me wonder about the workers’ compensation liability for eye injuries incurred from deficient protection during “watch parties” at work – but I digress). As you’ve no doubt heard, there are even some folks who will travel in order to experience “totality.” I’m sure work productivity across the nation took a bit of a hit that day. But what is not ok is to totally blow off a deposition in order to chase the eclipse – which is what happened in a discrimination case. O ..read more

On April 29, 2024, the Equal Employment Opportunity Commission issued its long-promised Enforcement Guidance on Harassment in the Workplace. The document updates and replaces existing EEOC resources on workplace harassment and unsurprisingly (under this pro-worker administration) takes a very broad approach to the topic. Of particular interest to employers, the EEOC also provides specific direction on what it would consider to be best practices for employers in preventing and addressing workplace harassment, including as to policies, training and investigations. Some Background. In 2016, under ..read more

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a Final Rule banning nearly all non-compete clauses in employment agreements nationwide. As set forth in the FTC’s fact sheet, non-compete provisions are “an unfair method of competition” and therefore violate the Federal Trade Commission Act. The U.S. Chamber of Commerce, however, has already filed suit to block the Final Rule. Background The FTC issued its proposed rule on January 5, 2023, as discussed in our January 6, 2023 E-lert, which was subject to a 90-day public comment period. The FTC received more than 26,000 c ..read more

On Tuesday, April 23, 2024, the United States Department of Labor (DOL) released a final rule raising the salary thresholds to qualify for overtime exemptions under the Fair Labor Standards Act (FLSA). The rule will become effective on July 1, 2024. The rule will significantly increase the standard salary level, increase the highly compensated employee exemption salary level, and will provide for future updates to these salary levels to take place every three years.  The DOL estimates that an additional 1.8 million employees will be covered as a result of the initial salary increases. Fai ..read more

The U.S. Supreme Court, in a unanimous decision, has ruled that adverse employment actions need not be “significant” in order to constitute a violation of Title VII’s prohibition against discrimination. This ruling undercuts decades of court decisions that applied a heightened standard of harm, although recent federal appellate court rulings already showed a trend away from that standard. Title VII’s Prohibition on Discrimination. Title VII prohibits employers with 15 or more employees “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individua ..read more

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a Final Rule and Interpretive Guidance to implement the relatively new Pregnant Workers Fairness Act (PWFA), which was enacted by Congress in December of 2022 and which already took effect on June 27, 2023. The Final Rule and Interpretive Guidance provide guidance, with many illustrative examples, on how the EEOC plans to interpret employers’ obligations under the PWFA – and in some cases, expands the obligations beyond even the heightened standards under the Americans with Disabilities Act. Background on the PWFA. Th ..read more

The Maryland General Assembly’s 2024 session ended at midnight on Monday, April 8. A number of employment bills that were passed will have a significant impact on employers, including another delay to the forthcoming paid family and medical leave insurance (FAMLI) program, a new wage range posting mandate, expanded pay stub notice requirements, and additional discrimination protections, including an expansion of the equal pay law. Employers will also face increased penalties for occupational safety and health violations. Additionally, there was a revision to the law restricting the use of non ..read more

According to some courts, no. According to the Equal Employment Opportunity Commission and other courts, yes. And the EEOC is being the squeaky wheel regarding its position, as evidenced by a recent settlement announcement. As you may know, under the Americans with Disabilities Act, absent an undue hardship, employers must provide reasonable accommodations to employees with disabilities in order to enable them to perform their essential job functions or to enjoy equal privileges and benefits of employment as non-disabled employees. The employee in this case couldn’t drive at night because of c ..read more