Practical HR Tips, News & Advice. Updated Daily.
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 worker that prevents the worker from accepting employment with a competitor or operating a competitive business after the conclusion of the worker’s […]
Artificial intelligence (AI) is becoming increasingly prevalent in workplaces, providing new opportunities and new challenges for employers and employees. While AI has the potential to improve efficiency and productivity, its use also raises important questions around issues like privacy, discrimination, and job displacement. Employers that choose to implement AI should consider including a provision in […]
The COVID-19 pandemic opened the floodgates for requests to work remotely as a disability or pregnancy accommodation under state and federal law. Many employers have been unsure how to handle such requests, and there hasn’t been much guidance from the courts on the topic. But that’s changing. Here’s what one Illinois appellate court has to […]
Harvey Weinstein, originally known for being a cofounder of Miramax, has infamously become synonymous with sexual misconduct. Over the course of at least 20 years, he sexually assaulted and harassed multiple women, successfully concealing his actions by using nondisclosure agreements. It wasn’t until one brave woman spoke up that an end was put to his […]
The number of employer requests for union elections has exploded since the National Labor Relations Board (NLRB) adopted a new framework for representation last summer. In the six months following the NLRB’s release of its decision in Cemex Construction Materials Pacific, LLC, in August 2023, employers have submitted 254 union election petitions. In the six […]
During the pandemic, both employers and employees discovered that remote work could benefit them. Allowing remote work has expanded employers’ pool of applicants nationwide. Despite the advantages of a bigger pool of candidates and cost savings, we’re beginning to see cases stemming from employers’ inadvertent violations of other states’ laws when making work available to […]
Congress and the Biden administration continue to focus on regulating artificial intelligence (AI). Despite that attention, however, no comprehensive legislation or regulations applying to AI have been implemented at the federal level. In contrast, the European Parliament passed the Artificial Intelligence Act on March 13. The legislation was three years in the making and will […]
In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws are “morally unacceptable.” Currently, total compensatory and punitive damages are capped for the largest companies at $300,000. Congress established the limits when it passed the 1991 revision to Title VII […]
After the U.S. Supreme Court’s decision in SFFA v. Harvard/ UNC, opponents of diversity, equity, and inclusion (DEI) have launched an all-out attack on corporate DEI programs. Recently, however, the courts have offered some guidance to beleaguered corporations trying to determine how to avoid litigation over their DEI programs. Guidance on Race-Neutral Admission Policy In […]
The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety and Health Administration’s (OSHA) concerted collaborative efforts in protecting whistleblowing employees speaking out about on-the-job safety. NLRB, OSHA Doubling Down on Workplace Protections Top officials […]