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When Must Employers Publicize Salary Information?

By: Virginia A. Talley and Nancy J. Townsend on July 27, 2023

Pay transparency mandates—requiring companies to publicize employee salary information—may arrive soon in many states and municipalities. Viewed as a first step toward pay equity, the salary transparency movement is gaining traction throughout the United States. Pay transparency laws aim to give…

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Watch Out: Consumer Financial Protection Bureau Keeping an Eye on Workplace Surveillance Technology

By: Shelley M. Jackson and Virginia A. Talley on July 26, 2023

The Consumer Financial Protection Bureau (“CFPB”) recently responded to a high volume of complaints regarding automated workplace surveillance technology. In its response, the CFPB indicated an intent to apply the protections of the Fair Credit Reporting Act (“FCRA”) to employee information…

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Impact of AI on the Workplace: Latest Guidance from the EEOC

By: Shelley M. Jackson and Elizabeth M. Roberson on June 15, 2023

Recently, the Equal Employment Opportunity Commission (“EEOC”) issued a new publication on the impact of software, algorithms, and artificial intelligence (“AI”) in employers’ decisions on who to hire, fire, and promote (collectively “Selection Decisions”). Employers are increasingly using tools…

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NLRB’s General Counsel Issues New Guidance Memo Challenging Non-Compete Agreements as Violating Section 7 of the NLRA

By: Scott S. Morrisson and Elizabeth M. Roberson on June 2, 2023

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo outlining her position that the proffer, maintenance, and enforcement of non-compete agreements violates the National Labor Relations Act (NLRA) with few exceptions. Abruzzo’s memo follows recent actions by the Federal Trade…

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NLRB Memo Clarifies the Implications of McLaren Macomb and Whether Employers’ Severance Agreements Violate Employees’ NLRA Rights

By: Virginia A. Talley and Shelley M. Jackson on June 1, 2023

On February 21, 2023, the NLRB issued a decision in McLaren Macomb reversing its previous holding in Baylor University Medical Center and once again outlawing the use of overly broad non-disparagement and confidentiality agreements in severance packages. A previous Krieg DeVault LLP Client Alert (…

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New Law Further Restricts Indiana Physician Noncompetes

By: Scott S. Morrisson, Nancy J. Townsend, and Christopher J. Kulik on April 26, 2023

The Indiana General Assembly recently passed Senate Enrolled Act (“SEA”) 71, which further narrows the use of noncompete agreements with respect to all employed physicians, but especially primary care physicians. The new law will take effect on July 1, 2023, after Governor Eric Holcomb’s expected…

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Hush Money? Standard Severance Agreement Provisions May Violate Employees’ NLRA Rights

By: Virginia A. Talley and Shelley M. Jackson on March 1, 2023

Overview

On February 21, 2023, the National Labor Relations Board (the “NLRB”) issued a decision in McLaren Macomb which reversed its own precedent with respect to non-disparagement and confidentiality provisions in severance agreements. The NLRB’s recent decision reinstates prior precedent which…

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Evolving State Marijuana Laws May Impact Employer Hiring Procedures and Drug Testing Policies

By: Elizabeth M. Roberson and Virginia A. Talley on February 28, 2023

As employers perform annual reviews of their employment policies, one area to be aware of is whether it is legal to consider marijuana use in the areas or hiring, firing, or drug testing. Many employers have employees in multiple states, either working remotely or at another office site, and…

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FTC Proposed Rule Would Essentially Ban Non-Compete Agreements (Podcast)

By: Elizabeth M. Roberson and George C. Lepeniotis on February 8, 2023

Elizabeth M. Roberson discusses the FTC's proposed rule that would virtually ban all non-compete agreements, including those entered into before the rule takes effect.  

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Pregnant Workers Fairness Act And The Pump Act: What’s Changed?

By: Nancy J. Townsend on January 19, 2023

The Pregnant Workers Fairness Act (PWFA) and the PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act, included as part of the recent Congressional spending bill, expand and clarify rights for pregnant and nursing workers.

PREGNANT WORKERS FAIRNESS ACT

The…

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FTC Takes Unprecedented Action Against Non-Compete Agreements

By: Scott S. Morrisson, Elizabeth M. Roberson, and Katelyn E. Doering on January 9, 2023

Last week the Federal Trade Commission (“FTC”) took unprecedented action against multiple businesses due to their non-compete agreements with employees. This action comes in response to an Executive Order issued by President Biden well over a year ago in July of 2021 asking the FTC to act against…

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FTC Proposes Rule to Ban Non-Compete Agreements

By: Scott S. Morrisson and Elizabeth M. Roberson on January 9, 2023

On January 5, 2023, the FTC issued a proposed rule that purposes the ban of virtually all non-compete agreements, including those entered into before the rule takes effect. This breaks the silence from the FTC on this subject and is a direct response to the Executive Order issued by the Biden…

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