Protecting Employers Since 1985
With apologies to Shakespeare, the above version of his oft-quoted passage is a good reflection of what not to do when carrying out Diversity, Equity and Inclusion initiatives, as a North Carolina healthcare conglomerate learned the hard way – to the tune of $2,457,527 in backpay, $1,078,066 in front pay, $332,793 in prejudgment interest, and…
Read MoreAfter the United Auto Workers (“UAW”) signed contracts with numerous auto workers in 2023, they announced their organizing intentions at nonunion automakers who have numerous facilities in the South. In May 2024, Mercedes employees at the company’s plants in Vance and Woodstock, Alabama, voted against UAW representation in an election trying to unionize both plants.…
Read MoreOn Monday this week the EEOC raised eyebrows when it published its long-awaited final take on harassment law. The guidance is aimed at educating employers and employees alike, but will no doubt be used by plaintiff and defense lawyers in court. Consequently, employers, HR professionals, and consultants are well advised to become aware of what…
Read MoreJob descriptions with lifting, standing, mobility, and/or other essential requirements are ubiquitous across all industries. EEOC interpretive regulations and numerous court decisions give deference to the judgement of employers as to what are the “essential functions” of the jobs they provide. Written job descriptions are presumed to accurately reflect essential functions. Why is this important?…
Read MoreOn April 23, 2024, the U.S. Department of Labor issued its final rule raising the salary thresholds that must be met in order to classify employees as “exempt” from overtime pay requirements under the Fair Labor Standards Act (FLSA). This final rule is set to take effect on July 1, 2024. Executive, Administrative and Professional…
Read MoreOn April 23rd the FTC issued a final rule which for all practical purposes would ban noncompete agreements nationwide. Under the new rule, existing noncompete agreements for senior executives can remain in force, but employers are not allowed to enter into or enforce new noncompete agreements with senior executives. The final rule defines senior…
Read MoreFlorida Governor Ron DeSantis and the Sunshine State’s legislature have been aggressively opposed to certain fringe elements of DEI initiatives. In 2022 they enacted the Individual Freedom Act to prevent schools as well as employers from subjecting students or workers to instruction or training that compels them to believe in various banned subjects. Among the…
Read MoreWhile Florida’s court battle over DEI may not be over, oddly enough, workers opposed to mandatory DEI training may have better luck going to the National Labor Relations Board. For starters, consider that the Board’s General Counsel, Jennifer Abruzzo has declared in a memo that federal labor law protects the right of employees to refrain…
Read MoreWhen an employee performs services for more than one entity, there’s often a question about which of those entities constitutes an “employer”. Since 2020, the analysis of this question has been guided by the question of whether both entities “share and codetermine the employees’ essential terms and conditions of employment.” For a recipient of an…
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