On March 21, 2023, the Supreme Court made it easier for disabled students to pursue disability discrimination claims in court under the Americans with Disabilities Act (“ADA”) without first having to exhaust administrative procedures under the Individuals with Disabilities Education Act (“IDEA”). Perez v. Sturgis Public Schools, 143 S. Ct. 859 (2023). The ruling is …
On May 30, 2023, Jennifer Abruzzo, the General Counsel for the National Labor Relations Board, issued memorandum GC 23-08 in which she recognized that overbroad non-compete agreements interfere with employees’ exercise of rights to engage in concerted activity under Section 7 of the National Labor Relations Act (the Act or NLRA). It is the General …
In our last blog, we celebrated the decision in McLaren Macomb as a win for employees. In that decision, the National Labor Relations Board (NLRB) held overbroad confidentiality and non-disparagement clauses in severance agreements violated the National Labor Relations Act (“NLRA”). Check out our prior blog – Labor Board Rules Confidentiality and Non-Disparagement Provisions in …
New NLRB Guidance Regarding Severance Agreements Read More »
During the months of November and December 2022, there was a lot of activity regarding Title IX and other laws affecting students and their education. Below is a brief synopsis of proposed legislation and recent court decisions. Proposed Legislative Fix in the Wake of Cummings v. Premier Keller Rehab, PLLC Earlier this month Senators Durbin …
If your employer presented you with a severance agreement or you previously signed a severance agreement that requires confidentiality and/or non-disparagement provisions, keep reading as these provisions by may be illegal and unenforceable. Often, when employers terminate employees—as part as a reduction in force or a position elimination—the employer may present the affected employees with …
In December 2022, the Los Angeles Regional Office of the National Labor Relations Board (NLRB) found collegiate football and basketball players at the University of Southern California (USC) to be employees, and as such, have protection under the National Labor Relations Act (NLRA). Specifically, the NLRB pursued a charge against USC, the PAC-12, and the …
Are College Athletes Employees of an Educational Institution and Do They Have Rights? Read More »
Clients often ask whether a non-competition agreement they signed is valid. Employees are often surprised that Florida courts will generally enforce non-compete agreements. (If you signed a non-compete agreement, your employer could sue you if you went to work for a competitor and could even get a court order requiring you to quit your new job.) …
New Proposed Rule to Ban All Non-Competition Agreements Read More »
On December 22, 2022, President Biden signed the 2023 federal Omnibus spending bill into law. Nestled in the law were two provisions extending workplace protections for pregnant and nursing workers. These provisions were the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”). Pregnancy Workers Fairness Act …
Pregnant and Nursing Workers Gain Workplace Protections Read More »
This year has seen some positive changes in the law for sexual harassment victims. Earlier this year, Congress enacted a new law prohibiting employers from requiring mandatory arbitration in sexual harassment and sexual abuse cases. Check out our blog: Sexually Harassed? Get Your Day in Court as Mandatory Arbitration is Now Illegal. Most recently, on …
On December 15, 2022, the National Labor Relations Board held that employers who interrogate employees when defending an unfair labor practice complaint must first provide what are known as Johnnie’s Poultry warnings. This Miranda type warning must be given prior to any questioning and must: “communicate to the employee the purpose of the questioning, assure …
NLRB Uphold Employees’ Rights Prior to Interrogation By the Employer Read More »
