The U.S. Equal Employment Opportunity Commission (EEOC) recently held a public hearing discussing the pros and cons of using artificial intelligence (AI) in employment decisions. During the hearing, it solicited recommendations from workplace professionals about ensuring that AI does not discriminate against job applicants. Employers increasingly use automation or AI tools to support HR-related functions and Read More

The Federal Trade Commission has issued a proposed regulation that generally would prohibit the use of noncompete agreements between employers and employees in all 50 states. Although the proposal's reasoning may be sound, federal legislation may be a better way to achieve the same goal, particularly if the proposed regulation fails to withstand judicial scrutiny. The Pros and Cons of Noncompete Read More

The U.S. Equal Employment Opportunity Commission (EEOC) released its proposed Strategic Enforcement Plan for fiscal years 2023 - 2027 and is working to finalize that plan based on comments it has received from employers. Among the EEOC’s priorities in 2023 are sexual harassment, pay discrimination, and artificial intelligence. Sexual Harassment The EEOC plans to issue updated guidance for employers concerning Read More

A recent decision from the National Labor Relations Board (NLRB) now prohibits employers from using broad prohibitions in severance agreements to prohibit former employees from talking about or criticizing their former employers. In addition, overbroad non disparagement provisions that require employees to relinquish their rights under the National Labor Relations Act (NLRA) are unlawful. By using these provisions, Read More

The U.S. Department of Labor (DOL) has launched a campaign to raise awareness among workers about the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, which became effective on January 1, 2023. The PUMP Act amends the Fair Labor Standards Act (FLSA). It requires employers with fifty or more employees to provide reasonable break time to all employees, including salaried employees, to express Read More

The U.S. Supreme Court recently issued a 6-3 ruling in Helix Energy Solutions Group v. Hewitt. In its decision, the Court found that highly compensated employees were eligible for overtime pay if an employer paid them daily. Unless the employer pays an employee a salary as defined under the Fair Labor Standards Act (FLSA), even a highly compensated employee is not exempt from receiving overtime pay. The Court’s Read More

On average, Americans spend about one-third of their lives at work, so both romantic and platonic relationships are bound to occur. According to a recent Society for Human Resource Management survey, 27% of U.S. workers are in a workplace romance, and about 41% know someone in a workplace romance. Most workers are comfortable with workplace romances, although only about 25% say they would be open to them. Some Read More

The Federal Trade Commission (FTC) recently proposed a rule prohibiting almost all noncompete agreements between employers and employees. Under the FTC’s proposed rule, employers could not enter new noncompete agreements with employees. They would have to rescind existing noncompete agreements by informing employees that they are no longer in effect. The changes would impact all industries and about 30 million Read More

Companies nationwide continue to struggle with employees who request religious exemptions to company vaccination requirements, whether they are COVID-19 vaccines or others. As a result, some companies are facing lawsuits for terminating employees who refuse to be vaccinated. EEOC Files Suits Against CHOA In December, the U.S. Equal Employment Opportunity Commission (EEOC) filed suit against Children’s Read More

Employers are likely to see shifts in U.S. Equal Employment Opportunity Commission (EEOC) enforcement as its budget increases, leadership changes hands, and enforcement priorities change. Overall, the EEOC continues to prioritize systemic cases with broad impact, such as those that affect how a law influences a particular community or industry. Changes in Enforcement Budget Levels The enforcement budget for the Read More