The Employment Law Counselor

This episode of The Employment Law Counselor Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society (PLUS), features guest John Baker, Director of Labor Relations, Del Lago Resort and Casino. In advance of the upcoming presidential election, Jeff and John discuss what restrictions employers can put in place about discussing politics in the workplace, what protections employees have and how some political discussions can lead to liability under discrimination statutes.

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In the newest episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Scott Casher, Partner and Co-Chair, Labor and Employment Practice Group, joins host Jeffrey Stewart for a discussion on what the future holds for Non-Compete Agreements in the United States after the ban proposed by the FTC. Jeff and Scott briefly discuss the history of non-competes in the country, the details of the proposed, the potential challenges that have already been filed, and how employers should respond.

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In the newest episode of The Employment Law Counselor in collaboration with the Professional Liability Underwriting Society, Jeff is joined by Tanya Salgado, Partner, to discuss how religious discrimination and religious harassment claims are expected to rise dramatically in the next year. With religious protests around the country being a topic of discussion in the workplace, it is imperative for employers to understand what constitutes religious discrimination and religious harassment, as well as to train supervisors to handle these issues.

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On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to approve the Final Rule that (1) prohibits employers from entering into non-compete agreements with workers and (2) requires employers to rescind nearly all existing non-compete agreements. The Final Rule is effective 120 days after its forthcoming publication in the Federal Register, which we expect will happen in the next 30 days.

The Final Rule comes more than a year after the FTC issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to ban practically all non-compete agreements. The FTC ... Continue Reading

On April 17, 2024, the Supreme Court of the United States issued its much-anticipated decision in Muldrow v. City of St. Louis, Missouri, et al. Reversing the Court of Appeals for the Eighth Circuit, the unanimous Court held that an employee challenging a job transfer under Title VII of the Civil Rights of 1964 (Title VII) must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.

Background

From 2008 through 2017, Sergeant Jatonya Clayborn Muldrow (“Muldrow”) worked as a ... Continue Reading

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its “Defining and Delimiting Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees” Final Rule (the “Final Rule”). Significant revisions include (1) increasing the standard salary level for certain employees; (2) increasing the highly compensated employee total annual compensation threshold for certain employees; and (3) adding to the regulations a mechanism that will allow for the “timely and efficient” updating of the salary compensation ... Continue Reading

In the newest episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Laura Corvo, Counsel, joins host Jeff Stewart for a discussion of AI in the workplace and the potential liabilities employers face. Jeff and Laura cover AI in the hiring process, recent laws trying to address it and how employers are utilizing the tool. They also talk about the importance of employers having a policy to provide guidance for AI usage in the workplace.

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On Friday, March 8, 2024, the Eastern District of Texas halted a new National Labor Relations Board (NLRB) joint-employer rule that would have taken effect on March 11, 2024. The new Joint-Employer Rule would have implemented a more relaxed standard under which indirect—and even unexercised—control over another employer’s employees could qualify an employer as a “joint employer” with respect to application of the National Labor Relations Act (NLRA). If the new Joint-Employer Rule had gone into effect, it would have brought significantly more employers within the reach of the NLRA and the oversight of the NLRB.

In Chamber of Commerce of the United States et al. v. National Labor Relations Board et al., No. 6:23-cv-00553 (E.D. Tex. Mar. 8, 2024), the Chamber of Commerce and other entities sued the NLRB to enjoin the implementation of the new rule as unlawful on the grounds that it was contrary to common law and was arbitrary and capricious. The Court agreed and held that the rule could not take effect.Continue Reading

In this episode, host Jeff Stewart sits down with Tom Hams, Managing Director, National EPLI
Practice Leader at Aon, to discuss all things EPLI in The Employment Law Counselor podcast.
Among the topics covered are recent nuclear verdicts, attacks on DEI initiatives and wage and
hour lawsuits. Jeff and Tom also preview the upcoming Professional Liability Underwriting
Society EPLI Symposium.

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The Massachusetts Commission Against Discrimination (“MCAD” or “Commission”) has released its Fiscal Year 2023 (“FY23”) Annual Report, which highlights the strides the Commission has made over the last fiscal year toward recovering from pandemic-related setbacks. Importantly, the report also provides several data points regarding the filing and disposition of employment related claims over the last fiscal year that every Massachusetts employer should know.

Complaints Filed in FY23

FY23 marked another increase in the number of complaints filed with the ... Continue Reading