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Since its enactment in 2023, the Pregnant Workers Fairness Act (PWFA) and its 2024 implementing regulations have drawn a firestorm of criticism from religious and faith-based employers over its employment-related protections for employees seeking or obtaining an abortion. If the recent spate of decisions from within the Fifth Circuit is any indication, the legal tempest...... Continue Reading
August 2025 | Blog
On June 5, 2025, the United States Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services, No. 23-1039, reviving a lawsuit brought by a heterosexual female employee who alleged she was discriminated against by her employer in favor of less qualified gay candidates. The decision conclusively establishes that the evidentiary burden...... Continue Reading
June 2025 | Blog
As we reported at the end of 2024, there are a number of critical employment law developments that will affect U.S. employers in the next several months, and, for some employers, in the next several days. Though not an exhaustive list, we focus here on some key upcoming deadlines for employers in Q2 and Q3...... Continue Reading
April 2025 | Blog
The Pregnant Workers Fairness Act (PWFA), which became effective in June 2023, requires covered employers to provide job-related accommodations to employees for work limitations they experience due to pregnancy, childbirth or related medical conditions. (See our prior coverage here.) Since the PWFA’s enactment, the U.S. Equal Employment Opportunity Commission (EEOC) issued regulations explaining employer obligations...… Continue Reading
December 2024 | Blog
The Family and Medical Leave Act (FMLA) provides job-protected, unpaid time off to certain U.S. employees for pregnancy, childbirth or adoption or during periods of personal or family illness. One basis upon which eligible employees can take FMLA leave is to care for a family member with a serious health condition, but the language of...… Continue Reading
We first reported in February 2023 on a surprising and alarming decision by the U.S. National Labor Relations Board (NLRB or “the Board”)—In re McLaren Macomb—which concluded that the mere proffer of a severance agreement with broad confidentiality and/or non-disparagement provisions could violate Section 7 of the National Labor Relations Act (NLRA), which protects the...… Continue Reading
September 2024 | Blog
On August 20, 2024, a Texas federal judge issued a nationwide injunction barring the implementation of a controversial Federal Trade Commission (FTC) regulation that would have invalidated tens of millions of existing non-compete agreements and precluded the adoption of new covenants. The decision comes as a tremendous relief to employers that feared the FTC’s regulation...… Continue Reading
August 2024 | Blog
As we have previously reported, in early 2022, Congress passed and President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a law that bans mandatory arbitration of certain sexual assault or sexual harassment claims. Since its enactment, we have tracked some of the procedural challenges...… Continue Reading
As we previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future. Since then, the Final Rule has been subject to legal challenges...… Continue Reading
July 2024 | Blog
In January 2023, the U.S. Federal Trade Commission (FTC) proposed a sweeping rule that, with limited exceptions (such as for highly compensated executives or in connection with the sale of a business), would prohibit employers from entering into post-employment non-competition arrangements with workers. (See our post here.) Under the proposed rule, an agreement between an...… Continue Reading
For nearly a year, we have been tracking (see here and here) the US Department of Labor’s (DOL) Final Rule modifying the salary requirements applicable to US employees who are exempt from the Fair Labor Standards Act’s (FLSA) overtime requirement under the executive, administrative, and professional (EAP) “white collar exemptions.” The Final Rule is scheduled...… Continue Reading
June 2024 | Blog
What happened in the interim that ended this beloved educator’s decorated teaching career? In 2014, shortly after North Carolina recognized same-sex marriage, Mr. Billard posted on his personal Facebook page that he and his partner of fourteen years were engaged to be married. Lonnie Billard was a well-loved and decorated drama and English teacher at...… Continue Reading
May 2024 | Blog
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