What better way to kick off the new year than with my latest article in Pennsylvania Business Central? The article addresses Overtime and Noncompete Regulations to Plan for in 2024. Will they actually take effect? We don’t know yet. But, employers should start planning just in case.
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EEOC publishes proposed rule for Pregnant Workers Fairness Act
This week, the EEOC published a Notice of Proposed Rule Making (NPRM) for the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. In a nutshell:
Not official use.The PWFA requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions,
NLRB swings the pendulum back on employee handbooks
Yesterday, the National Labor Relations Board (NLRB) adopted a new standard for assessing the lawfulness of work rules (press release | decision in Stericycle, Inc.). If you’re stuck in the past (ya know, like two days ago), here is an overview of the overruled categorical Boeing standard (maybe bookmark it in case a
SCOTUS clarifies "undue hardship" standard for religious accommodation under Title VII
Awe man, how embarrassing. It turns out that some of use (by which I mean basically all of us) have been getting it wrong for 46 years! You see, Title VII requires employers to reasonably accommodate an employee’s sincerely held religious beliefs unless doing so would impose an “undue hardship.”Well, apparently we’ve been misinterpreting a
NLRB decision shifts independent contractor analysis
Yesterday. the NLRB issued its decision in The Atlanta Opera, Inc. You know it’s important when they also issue a press release. It is probably easiest to explain what the new test is not: “The Board expressly rejected the holding of the SuperShuttle Board that entrepreneurial opportunity for gain or loss should be
NLRB GC weighs in on nondisparagement and confidentiality clause decision
NLRB General Counsel, Jennifer Abruzzo, issued a memorandum addressing the NLRB’s decision in McLaren Macomb (memo | press release | McLaren decision). You can read my analysis of that decision here: NLRB takes aim at confidentiality and nondisparagement clauses in separation agreements.The whole memo is worth a read, but some highlights of
NLRB takes aim at confidentiality and nondisparagement clauses in separation agreements
On February 21, 2023, the NLRB issued its opinion in McLaren Macomb and corresponding press release, Board Rules that Employers May Not Offer Severance Agreements Requiring Employees to Broadly Waive Labor Law Rights.The case involved the following provisions in separation agreements offered to 11 permanently furloughed bargaining unit employees:6. Confidentiality Agreement. The Employee
SCOTUS: Day Rate does not meet salary basis requirement
I’m not sure how this is possible, but I tend to agree with the majority and both dissents in the latest Supreme Court decision. Yesterday, SCOTUS issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt. The case dealt with a highly compensated employee who earned over $200,000 annually and performed executive duties. The
Pennsylvania regs expand antidiscrimination law definition of "sex"
Last time, I wrote about the new regs regarding race discrimination under the Pennsylvania Human Relations Act (PHRA) (and the housing and public accommodations provisions). Guess what? The new regs also address “sex.”
You can read the full regs here. Under the new regulations, the term “sex” now includes:
- Pregnancy, including “the use of
Pennsylvania expands definition of "race" in anti-discrimination law
Pennsylvania’s Independent Regulatory Review Commission approved changes to the regulations defining “race” in Pennsylvania’s workplace anti-discrimination law, the Pennsylvania Human Relations Act (PHRA). The changes will also impact housing and public accommodations provision, but this is an employment law blog, soooo. Also note that additional changes address sex and sexual orientation, and religious creeds, but