When companies consider the subject of trade secrets, they are usually concerned with how to protect their own proprietary information. We have addressed how to protect trade secrets many times in this space, advising employers to have clear written policies that each employee must agree to via signature. Of course, state law and industry differences […]
As we anticipated, the Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 guidance, including a Technical Assistance Questions and Answers page that addresses specific questions regarding the Americans With Disabilities Act (ADA) and other laws that affect employers during the pandemic. The update consolidates information and guidance from a variety of sources. Here are […]
The Black Lives Matter (BLM) movement has attracted thousands of supporters in recent months. As sports returns to TV, we’re seeing players wearing shirts promoting this social justice cause, some even replacing player names with the names of victims of racial violence. But what happens when employees wear BLM shirts, masks, or other apparel to […]
In a decision considered a victory for religious employers, the U.S. Supreme Court gave religious organizations broader ability to hire and fire employees without violating federal anti-discrimination laws. In the 7-2 decision, the court expanded the “ministerial exception” that precludes courts from hearing disputes brought by employees who have vital religious responsibilities, an exemption based […]
In a landmark decision for LGBTQ employment rights, the Supreme Court has ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, includes gay and transgender employees. The ruling, written by Justice Neil Gorsuch, settles differing decisions from lower courts that considered whether Title VII provided […]
As governmental stay-at-home orders are being lifted and employers consider reopening their workplaces, new challenges arise that require careful consideration. The National Law Review has been publishing articles to help employers focus on the issues specific to their business, one of which we will highlight this month. We encourage you to monitor the Centers for […]
The first round of the Coronavirus Aid Relief and Economic Security Act (CARES Act) payments, an economic rescue package designed to provide some relief to Americans affected by COVID-19, have started to arrive. Besides direct payments to individuals, the act provides tax and loan respite for businesses and funding for healthcare workers. The CARES ACT […]
No matter where you live in the U.S., you’re not far from people infected by COVID-19, the Coronavirus. The nature of the outbreak is changing continually as infection control professionals learn more about the virus. What doesn’t change, however, is the need for wise choices from employers in response to the pandemic. As businesses consider […]
The U.S. Court of Appeals for the Fifth Circuit had a busy 2019. Employment law continues to be affected by the pro-employer leanings of the Trump administration. For the next few months, we will highlight cases that are important for employers to know in 2020. Criteria for age discrimination In McMichael v. Transocean Offshore Deepwater […]
In yet another decision that reverses an Obama-era policy, the National Labor and Relations Board (NLRB) determined that employers can regulate their employees’ use of company email and other IT resources for non-work-related communications. Previously, Board held that employees with access to these resources for work had a presumptive right to use them on nonworking […]
