A Trending News interview from Employment Law This Week®:

The majority of restrictive covenant disputes are resolved out of court, but what about those that not only result in litigation, but litigation beyond the injunction phase?

Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. Our all-star panel of attorneys features Epstein Becker Green’s Peter Steinmeyer, Erik Weibust, Kate Rigby, and Millie Warner.

We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

A Trending News interview from Employment Law This Week®:

On May 31, NLRB General Counsel Jennifer Abruzzo issued a memo stating her position that non-compete agreements violate the National Labor Relations Act. What does this mean for employers?

Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. Our all-star panel of attorneys features Epstein Becker Green’s Steve Swirsky, Erin Schaefer, Peter Steinmeyer, and Erik Weibust.

We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

This week, we break down the enforcement of the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission’s (EEOC’s) EEO-1 report filing delay, and the U.S. Department of Labor’s (DOL’s) recent opinion on the Family and Medical Leave Act (FMLA).

PWFA Takes Effect

Starting June 27, the EEOC began accepting charges under the PWFA. The federal law applies to public and private employers with at least 15 employees. Read more on the EEOC’s updates: workforcebulletin.com/2023/07/17/know-your-rights-the-eeoc-revises-its-workplace-discrimination-poster-to-include-the-pregnant-workers-fairness-act/

EEOC Sets New Tentative EEO-1 Report Filing Start Date

On June 30, the EEOC announced that it was pushing back the already-later-than-usual mid-July start date for 2022 EEO-1 report filing to the fall of 2023.

DOL: Paid Holidays Don’t Count Toward FMLA Intermittent Leave

The DOL released an opinion letter clarifying its position that paid holidays do not count toward FMLA intermittent leave.

Other Highlights

White House Releases National Cybersecurity Strategy Implementation Plan
Workforce Bulletin
Brian G. Cesaratto, Alexander J. Franchilli
workforcebulletin.com/2023/07/14/white-house-releases-national-cybersecurity-strategy-implementation-plan/

Current Developments in Employment Law 2023
Events
ebglaw.com/insights/current-developments-in-employment-law-2023/

New York City’s AI Hiring Bias Law Creates Hurdles for Companies
Bloomberg Law Daily Labor Report
Nathaniel M. Glasser quoted
ebglaw.com/insights/nathaniel-glasser-quoted-in-new-york-citys-ai-hiring-bias-law-creates-hurdles-for-companies/

Employer Not Liable for Allegedly Spreading COVID-19 to Employee’s Wife
SHRM
James J. Oh quoted
ebglaw.com/insights/james-oh-quoted-in-employer-not-liable-for-allegedly-spreading-covid-19-to-employees-wife/

Halting Harassment®: Online Training
Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/

We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

This week, we’re recapping recent contentious rulings by the Supreme Court of the United States (“SCOTUS” or the “Court”) that are expected to take a toll on employers across the nation.

SCOTUS Introduces Heightened Standard for Religious Accommodations

The end of the Court’s term saw a flurry of opinions with implications for employers. The most immediate impact comes from Groff v. DeJoy, in which the Court heightened the standard for denying religious accommodations to employees. More info: workforcebulletin.com/2023/06/30/the-supreme-court-has-weighed-in-employers-considering-title-vii-religious-accommodation-requests-now-face-a-heightened-standard/

SCOTUS Rules Against Affirmative Action

In the Students for Fair Admissions cases, the Court found that the consideration of race in college admissions violates the Fourteenth Amendment. In addition to significantly restricting the use of race in higher education admission decisions, some speculate that the decision could lead to increased legal scrutiny of employers’ diversity, equity, and inclusion—or DEI—initiatives. This could also have a more direct impact on affirmative action for government contractors. Read more: workforcebulletin.com/2023/06/30/supreme-court-significantly-restricts-affirmative-action-in-higher-education-employers-take-note/

SCOTUS Protects “Expressive” Services

On the very last day of the term, the Court ruled that a Colorado web designer was not obligated to offer wedding website services for same-sex marriages, despite a state law barring such a refusal to provide services. The decision could have implications for company policies that arguably reach employee speech or conduct, which could be particularly significant in the health care space. Learn more: commerciallitigationupdate.com/2023/06/30/divided-court-gives-primacy-to-freedom-of-religion-invokes-major-questions-doctrine-to-overturn-student-loan-forgiveness-program-scotus-today/

Other Highlights

New York City Department of Consumer and Worker Protection Publishes FAQs as Enforcement of Automated Employment Decision Tools Laws Begins
Workforce Bulletin
Nathaniel M. Glasser, Adam S. Forman, Alexander J. Franchilli
workforcebulletin.com/2023/07/06/new-york-city-department-of-consumer-and-worker-protection-publishes-faqs-as-enforcement-of-automated-employment-decision-tools-laws-begins/

What Do Cancelling Student Loan Debt and Banning Noncompetes Have in Common?
Trade Secrets & Employee Mobility
Erik W. Weibust
tradesecretsandemployeemobility.com/2023/07/articles/non-compete-agreements/what-do-cancelling-student-loan-debt-and-banning-noncompeteshave-in-common-the-supreme-courts-recent-student-loan-decisionmay-reveal-how-it-would-rule-on-the-ftcs-proposed-noncompet/

California Local Minimum Wage Raises Take Effect July 1, 2023
Wage and Hour Defense Blog
Chelsea Hadaway
wagehourblog.com/2023/07/articles/california-wage-hour-law/california-local-minimum-wage-raises-take-effect-july-1-2023/

An Update on the New York Noncompete Ban: It is Unlikely the Governor Will Sign It Anytime Soon
Trade Secrets & Employee Mobility
Erik W. Weibust, Peter A. Steinmeyer, David J. Clark
tradesecretsandemployeemobility.com/2023/07/articles/trade-secrets-and-confidential-information/an-update-on-the-new-york-noncompete-ban-it-is-unlikely-the-governor-will-sign-it-anytime-soon/

Legislative Update: Texas Limits Local Governments’ Authority to Regulate and Passes the CROWN Act
Workforce Bulletin
Greta Ravitsky, Mason Gardner
workforcebulletin.com/2023/07/10/legislative-update-texas-limits-local-governments-authority-to-regulate-and-passes-the-crown-act/

Halting Harassment®: Online Training
Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/

We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

A Trending News interview from Employment Law This Week®, featuring attorney David Clark, Member of the Firm:

New York State’s noncompete ban has passed both houses of the state legislature and now awaits Governor Hochul’s signature. What will this mean for employers? And how does it fit into the larger trend?

We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.