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FTC Moves to Ban Non-Competes
On January 5th, 2023, the Federal Trade Commission released a proposal for a new rule that would ban almost all forms of non-compete agreements—and employers should be warned. The rule, as proposed, would cause major administrative headaches for employers—as well as eliminating a key tool for protecting trade secrets, client bases, and more. More >
New Standard Mileage Rates for 2023 Issued by IRS
Effective January 1, the IRS has issued the 2023 optional standard mileage rates for employers to calculate reimbursement for employees who operate a vehicle for business purposes. More >
New Year Brings New Federal Protections for Pregnant and Nursing Employees
At the end of December, Congress passed two bills that alter employers’ obligations to pregnant and nursing employees, with new standards that will be going into effect in 2023. The first of these bills is the Pregnant Workers Fairness Act (PWFA), which provides employees who are experiencing conditions arising from pregnancy or childbirth with the right to reasonable accommodations. The second is the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as the PUMP Act. While there are already federal requirements in place for employers to provide postpartum employees with nursing facilities meeting certain standards, the PUMP Act expands the coverage of those requirements to more types of employees. More >
NLRB Modifies Test for Bargaining Units, Resurrecting the Dreaded Micro-Unit
On December 14, 2022, the National Labor Relations Board issued a decision in the case American Steel Construction, Inc., modifying the test for determining inclusions in bargaining units. The Board’s decision reverts the test to an Obama-era standard that allows unions to form smaller, easier-to-organize bargaining units known as “micro-units”—the mention of which will send many employers into a panic. More >
Ninth Circuit Ruling Portends Changes for Compensable Time
The Ninth Circuit Court of Appeals ruled that the time employees spend booting up computers and launching their timekeeping system is compensable time under the Fair Labor Standards Act (FLSA) when these activities are integral and indispensable to an employee’s principal work activities. More >
Fourth Circuit Rules That Gender Dysphoria Is Not Excluded by ADA
Earlier this week, the U.S. Court of Appeals for the Fourth Circuit ruled that gender dysphoria is not to be excluded from the broad definition of “disability” laid out in the Americans with Disabilities Act (ADA). This decision may signal a new direction for discrimination law, and employers should be aware of its impacts. More >
Does Your COVID Testing Program Pass the Test? – EEOC Updates COVID Guidance for Employers
After nearly two and a half years of constantly evolving standards for handling COVID in the workplace, it is no surprise that the EEOC has updated its guidance once again. The most significant change in guidance applies to testing employees for COVID, and employers should be aware of this shift in order to maintain compliance. More >
Beat the Heat with a Workplace Safety Plan
This summer is proving to be another hot one in many parts of the country, which means the odds of workplace illnesses and injuries relating to excessive temperatures are much higher. In April, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program focused on addressing workplace heat hazards, which will entail OSHA conducting inspections to identify heat-related hazards in workplaces both indoors and outdoors. Employers should have a plan to avoid liability for heat-related illnesses and to be prepared should such an inspection occur. More >
An Employer's Guide to Intermittent FMLA Leave
Through the Family and Medical Leave Act (FMLA), certain employees are entitled to 12 work weeks of unpaid leave under specific medical or family circumstances, such as parental leave or a serious health condition. In some cases, employees eligible under FMLA take their 12 weeks of leave all at once. However, FMLA does not require leave to be used in a single block. Employees with qualifying circumstances may take their allotted leave in smaller increments that amount to as much as 12 work weeks over a 12-month period—but this “intermittent leave” can cause numerous headaches for employers. It’s important for employers to understand how intermittent leave works and how to best handle its effects in the workplace. More >
