What a week! On the same day that the Federal Trade Commission announced its plan to ban most employee noncompetes, the U.S. Department of Labor proposed increase to the salary level for EAP overtime exemptions. Employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime protections if…
In January 2023, the Federal Trade Commission (FTC) proposed a rule generally prohibiting employers from imposing noncompetes on their workers. In the following year and change, the federal agency received more than 26,000 comments on the proposed rule, with over 25,000 comments supporting the FTC’s proposed ban on noncompetes. Yesterday,…
In 2013, a healthcare provider hired a white man—let’s call him plaintiff—as its Senior Vice President of Marketing and Communications. And he crushed it, receiving strong performance reviews and gaining national recognition for himself and the marketing program he developed. And then, seemingly out of nowhere, he was fired. As…
Have you ever heard of me-too evidence? Plaintiffs in discrimination cases may attempt to introduce me-too evidence to the jury to establish that the same harasser directed the same acts of discrimination or harassment against other employees. This evidence helps demonstrate a pattern or practice of misconduct that makes their own…
You can still register here to join us today, April 19, 2024, at Noon ET. Along with my partner, Amy Epstein Gluck, I will discuss the final rule that the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the Pregnant Workers Fairness Act (PWFA), released earlier this week.…
Suppose an employer transfers an employee, and that employee believes that unlawful bias fueled the decision. Does that transfer have to significantly disadvantage that employee to give rise to a discrimination claim under Title VII of the Civil Rights Act of 1964? The Supreme Court addressed that issue yesterday in…
Yesterday, the Federal Trade Commission announced that it would hold a “special open Commission meeting” on April 23 to vote on whether to issue a proposed final rule that would prevent most employers from enforcing noncompetes against workers. In January 2023, the FTC proposed a rule generally prohibiting employers from…
At long last, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the Pregnant Workers Fairness Act (PWFA), has issued a final rule to implement the new law. The PWFA requires private employers with 15 or more employees (and Congress, Federal agencies, employment agencies, and labor organizations)…
I want to tell you about an Army reservist whose employer investigated him for taking fraudulent leave. That investigation spawned a grand jury indictment for theft. The employee was booked, detained in jail, suspended from his job, and eventually fired. Yada, yada, yada, a federal jury awarded the employee $1,500,000.…
A white man filed a lawsuit against a company claiming that it denied him a high-six-figure executive position because of his race, age, and sex so that the company could search for more diverse candidates. Among the causes of action he asserted was one for race discrimination under 42 U.S.C.…