By: Cody Weyhofen, John Vering, and Mark Opara

On June 13, 2023, the National Labor Relations Board (the “Board”) issued a decision revamping the test to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act (the “NLRA”). As a result, workers previously categorized as independent contractors may now be entitled to the rights and protections afforded to employees under the NLRA.

[…]

By: Katie Conklin and Cody Weyhofen

As we explained in our previous client alert, 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 provisions typically found in severance agreements are unlawful if they interfere with an employee’s Section 7 rights under the National Labor Relations Act (the “Act”) to organize, bargain collectively, and engage in concerted activities that affect terms and conditions of employment.

[…]

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. 

[…]

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.

[…]

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.

[…]

By: Curry Sexton, Brenda Hamilton, and Mark Opara

The Federal Trade Commission (FTC) recently proposed a new rule that would ban employers from entering into non-competes with workers and require employers to rescind existing non-competes. The FTC is seeking public comment on the proposed rule, which is based on a preliminary finding that non-competes constitute an unfair method of competition and therefore violate Section 5 of the Federal Trade Commission Act. Comments on the proposed rule will be due within 60 days of the Federal Register publishing the proposed rule, which is a date to be determined.

[…]

By: Katie Conklin and John Vering

On December 29, 2022, President Biden signed into law two measures included in the Consolidated Appropriations Act of 2023 that expand protections for pregnant and nursing employees: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP Act). The new protections require employers to provide: (1) reasonable accommodations for pregnant employees, effective 180 days after the law’s enactment, or on June 27, 2023; and (2) compensation to breastfeeding employees for “hours worked” during certain lactation breaks, effective 120 days after the law’s enactment, or on April 28, 2023.

[…]