The Supreme Court’s recent decision in Smith v. Spizzirri clarifies how courts should handle lawsuits in matters that are subject to mandatory arbitration. Under Section 3 of the Federal Arbitration Act (FAA), if any lawsuit involving an issue covered by a written arbitration agreement is brought in a U.S. court, the court must, upon request by one of the parties, stay the trial until the arbitration is completed. In Spizzirri, the high court held that
Read More... →The Federal Trade Commission (FTC) recently voted to ban almost all existing and future noncompete agreements. The Final Rule states that noncompetes are considered an unfair method of competition that violates Section 5 of the FTC Act. The ban will not apply to noncompetes held by senior executives. The Final Rule defines a senior executive as someone earning more than $151,164 annually and holds a policy making position. The ban will also not apply to
Read More... →The Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), previously enacted in 2023. The PWFA requires covered employers to make reasonable accommodations related to an employee’s pregnancy, childbirth, or pregnancy-related medical conditions. Employers are not required to make accommodations if doing so would cause undue hardship. The Final Rule on the PWFA intends to “fill the gaps” of federal protection for employees. The Final Rule
Read More... →The Supreme Court unanimously vacated a decision that requires discriminated employees to demonstrate a “materially significant” disadvantage for discrimination claims. The Court held that employees, under Title VII of the Civil Human Rights Act of 1964 (Title VII), must only show some harm with respect to “an identifiable term or condition of their employment”, but that harm need not be significant. The Supreme Court’s decision stems from Muldrow v. City of St. Louis, Missouri, a lawsuit brought by
Read More... →The Federal Trade Commission (FTC) has announced that it will vote on a proposed rule that would ban most noncompete agreements for employees. If passed, the FTC predicts the new rule would increase employee wages and expand career opportunities. The noncompete ban would apply to paid or unpaid employees, as well as independent contractors. The ban would make it unlawful to enter into, attempt to enter into, or maintain the enforceability of noncompete agreements. Employers
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A federal agency has released a set of comprehensive reports focusing on the status of women in the federal government. The reports from the U.S. Equal Employment Opportunity Commission (EEOC) explore the experiences of American Indian and Alaskan Native, African American, and Hispanic and Latina women to offer critical insights into their representation, career progression, and compensation within the federal sector. Analyzing data from fiscal year 2020 (FY2020) , the reports compare the participation, retention, advancement, and
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The U.S. House of Representatives recently introduced a bill that aims to bolster protections against age-related workplace discrimination. The Protecting Older Workers Against Discrimination Act of 2023 (POWADA) would amend the Age Discrimination in Employment Act of 1967 (ADEA) to foster a more equitable and age-inclusive work environment. The bill would re-establish the traditional burden of proof standard for age discrimination claims in the workplace. The ADEA prohibits discriminatory practices throughout the employment process, from hiring and
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In a recent decision, in Atlanta Opera Inc., the National Labor Relations Board (NLRB) returned to the 2014 FedEx Home Delivery (FedEx II) standard for determining independent contractor status under the National Labor Relations Act (NLRA). This decision overturns the SuperShuttle ruling from 2019 and establishes that makeup artists, wig artists, and hairstylists working at the Atlanta Opera are considered covered employees, rather than independent contractors. The Board’s decision reinforces the use of common law factors in determining employment status
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The New York State Senate has successfully passed a bill that aims to prohibit the use of non-compete agreements within the state to safeguard every employee’s future employment opportunities. The bill, S.3100A, if signed into law, will effectively curb employers from imposing restrictions that hinder their employees’ mobility, without unduly impeding businesses from protecting proprietary information through alternative means such as confidentiality agreements and non-solicitation agreements. According to State Senator Sean Ryan, who has championed
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The U.S. Equal Employment Opportunity Commission (EEOC) has published a comprehensive technical assistance document to address the growing concern of discrimination against job seekers and workers in relation to the use of automated systems, including those incorporating artificial intelligence, by employers. The EEOC, as the primary federal agency responsible for enforcing Title VII, seeks to ensure that these technologies align with civil rights laws and promote fairness, justice, and equality. The new publication, Assessing Adverse Impact
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