By: Katie Conklin and John Vering

The U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) recently published guidance concerning the Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA). As we explained in our previous client alert, the PUMP Act, effective April 28, 2023, requires employers pay breastfeeding employees for “hours worked” during certain lactation breaks; and the PWFA, effective June 27, 2023, requires employers to provide reasonable accommodations for pregnant employees. 

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By: Curry Sexton, Brenda Hamilton, and Mark Opara

In early January, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from entering into noncompete agreements with workers and require employers to rescind existing noncompete agreements. Fast forward one month, and a bipartisan group of United States Senators has introduced legislation that would limit the use of noncompete agreements.

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By: Cody Weyhofen and Katie Conklin

On February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023) that confidentiality and non-disparagement clauses typically found in severance agreements are unlawful if they interfere with an employee’s Section 7 rights under the National Labor Relations Act (the “NLRA”) to organize, bargain collectively, and engage in concerted activities that affect terms and conditions of employment.

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