Some large employers have recently announced significant layoffs and the question is whether remote workers are more likely to be on the chopping block than those who work in the office. UPS is laying off 12,000 workers, and both PayPal and eBay are cutting about nine percent of their respective workforces. Wayfair also laid off about 13% of its employees, and executives at the online furniture retailer admitted that Read More

As this year’s political campaigns heat up and elections draw closer, heated discussions in hallways, postings on social media platforms, and expressing support for candidates tend to become all too common in the workplace. When these activities begin to affect workplace productivity and morale, private employers may wonder if they can fire employees based on their political affiliation and activities. In many cases, Read More

A California appeals court recently allowed a nurse educator’s retaliation lawsuit against her former employer to go forward. The court found that the hospital’s stated reason for the plaintiff’s termination was a pretext for its retaliatory motive, and, as a result, her case should proceed to trial. The case is Johnson v. Pasadena Hospital Assn., Calif. Ct. App., No. B321794 (Dec. 28, 2023). On January 8, 2018, Read More

Last year, California enacted two laws that severely restrict noncompete agreements in the state. First, Senate Bill 699, now codified as Section 16600.5 of the Business & Professions Code, extends the state’s general ban on noncompete agreements to agreements signed out of state. It also creates a private right of action for employees whose agreements include restrictive covenants, including attorney’s fees Read More

The American Alliance for Equal Rights spearheaded the lawsuit in which the U.S. Supreme Court ultimately abolished the use of affirmative action in higher education. Now, the conservative activist group headed by Edward Blum has set its sights on prohibiting equity policies and funding to minority-owned businesses, with the larger goal of eliminating workplace diversity programs. American Alliance for Equal Read More

The U.S. Department of Health and Human Services (HHS) issued a final rule that clarifies certain aspects of healthcare conscience laws, which sometimes allows healthcare providers to refuse medical treatment based on religious grounds. However, the rule also provides some safeguards against discrimination for patients seeking treatment for conditions related to reproductive care, HIV prevention, and gender Read More

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule about the standard for determining joint-employer status under the National Labor Relations Act (NLRA). Under the final rule, an entity qualifies as a joint employer if each entity has an employee-employer relationship with the employees and they share or jointly determine one or more of the employees’ essential terms and conditions of Read More

The U.S. Department of Labor (DOL) has issued a final rule changing the criteria for classifying independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is largely the same as the proposed rule, takes effect on March 11, 2024. The DOL Final Rule The final rule has significant implications for gig workers, who often work through app-based businesses, freelance workers, and Read More

Oklahoma Governor Kevin Stitt has issued an executive order to severely restrict inclusion, equity, and diversity (IE&D) programs across the state. The order requires all state agencies and public colleges to report how much money they spend on IE&D programs and review the necessity and efficiency of all such programs to eliminate them and dismiss non-critical personnel. The governor’s stated goal is to save Read More

According to a 2023 Accenture report, in conjunction with Disability:IN and the American Association of People with Disabilities, organizations implementing disability-inclusive policies and practices often have better financial performance than similar organizations. Examples of disability-inclusive practices include using videos with captions and seeking regular input on improvements from employees with Read More