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The Employer Handbook Blog
It’s official. The feds plan to ban most employee noncompetes. But is this fire or smoke?
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, the FTC voted 3-2 in favor of a final Noncompete Rule imposing a comprehensive ban on new noncompetes with all workers, including senior executives. Continue reading
How did a white man convince a jury to award him over $10M for race and gender discrimination?
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. Continue reading
Can harassment of OTHERS help prove that a plaintiff endured a hostile work environment?
Have you ever heard of me-too evidence? Continue reading
Join us today at Noon ET for The Employer Handbook Zoom Happy Hour to discuss the EEOC’s Pregnant Workers Fairness Act Final Rule
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.
Among the topics we’ll cover: Continue reading
Yesterday, the Supreme Court cleared up when a job transfer may be discriminatory. But not really. Actually, not at all.
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?
Next week, the feds will vote on whether to ban most noncompetes
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. Continue reading
The EEOC has issued its final rules on the Pregnant Workers Fairness Act. So, let’s Zoom on Friday, April 19, 2024 at Noon ET.
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. Continue reading
Man wins $1.5M discrimination verdict. Then the appellate court completely erased it. Here’s why…
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. Continue reading
Have you ever heard of an “intersectional” discrimination claim?
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. § 1981. A plaintiff suing under Section 1981 for a failure to hire must establish that “but for” his race, he would have gotten the job.
Whoa, whoa, whoa! Hold up. Continue reading