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Employment Law

FTC proposes ban on non-compete clauses

The Federal Trade Commission proposed the Non-Compete Clause Rule on Jan. 5, which would prohibit employers from entering non-compete agreements with employees and would rescind existing agreements.

First union formation at Microsoft is a lesson in employer/employee relations

ZeniMax Workers United/Communication Workers of America is the first studio at Microsoft to secure union representation, and it’s the largest group of union-represented quality assurance testers at any U.S. game studio. That in itself has been making headlines since the news broke on Jan. 3. But perhaps just as notable is how Microsoft handled the situation.

Worker in alleged “slave ship” wants to litigate race bias suit

A Black assembly line staffer at Tesla, Marcus, seeks to add more than 100 other workers to an existing lawsuit, calling the electric-car maker’s production floor in Fremont, Calif., a “hotbed for racist behavior.”

Follow these key FMLA intermittent leave call-off rules

Managing employees authorized to take FMLA on an intermittent basis can be a massive headache. You never know when the employee will call off work. But disciplining the employee for missing work can backfire. Here’s how to create call-off rules that comply with the law.

Avoid this tipping trap

Tipping is tricky for those who give (how much?) and for those who receive—do they pool the tips and divide them, or pocket tips individually? However, one touchstone rule under the Fair Labor Standards Act is clear: Tips are for employees.

EEOC settles its first COVID remote-work claim

In the EEOC’s first COVID-related claim where remote work was deemed an accommodation under the ADA, an employee who became sick at work with a fever and uncontrollable cough claims she was fired for refusing to return to the office.

Autistic employee fired after 37 years: McDonald’s will pay $100,000 to settle

Two months after a new franchisee took over a McDonald’s restaurant, management fired Anthony, an employee with autism, who had worked at McDonald’s for 37 years, earning excellent performance reviews and accolades.

NLRB set to get funding boost; expect more enforcement

If Congress’ $1.7 trillion omnibus spending package passes before it recesses for the year, one pro-union, pro-worker agency stands to see over $25 million in new funding. The National Labor Relations Board, which enforces the National Labor Relations Act, has in recent years been cash-strapped and its enforcement power therefore curtailed. Since 2010, the NLRB has lost 30 percent of its workforce.

Manage workplace politics in or out of election season

Politics are always with us nowadays. When tensions are high, it is essential to keep a respectful workplace, whether or not it’s voting season.

Respect for Marriage Act passes; employers, take note

The Respect for Marriage Act passed into law with bipartisan support in December and protects marriage for LGBTQ+ and interracial couples. The act ensures that a marriage that is legal in one state is recognized by all. Take this opportunity to review your benefits offerings to ensure they align with federal, state and local laws.