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Employment Law

A tale of two approaches to noncompete agreements

03/13/2025
Don’t overuse noncompetes just because you can. Tailor your agreements to what you actually need to protect.

Yes, body odor could require reasonable accommodations

03/13/2025
Correcting slipping hygiene may be unpleasant, but it’s necessary. Reiterating company policies on dress and grooming should do the trick unless the problem runs deeper than relaxed standards. That’s where the Americans with Disabilities Act comes in.

Court rejects telework accommodation for supervisor

03/13/2025
A federal trial court has rejected an ADA telework claim for a worker supervising subordinates.

Court orders trial in abortion discharge case

03/13/2025
The Pregnant Workers Fairness Act bans retaliation for exercising rights under the law, including receiving medical care related to pregnancy.

$1.4 million EEOC settlement over national origin

03/13/2025
Employers can’t discriminate against applicants based on their national origin—including Americans. That’s the reminder from an EEOC settlement.

Beware new class-action threat targeting smoker surcharges

03/10/2025
Employees claim Whole Foods’ benefits plan violates ERISA because plan administrators aren’t acting in the smoking employees’ best interests when they refuse to refund surcharges after employees quit using tobacco products.

Pay-equity audit? Be prepared to show your work

03/07/2025
To avoid litigation, many employers conduct internal audits to ensure pay equity when employees perform substantially identical work. If you decide to run a pay-equity audit, be prepared to show exactly how you conducted it.

NLRB acting general counsel drops Biden-era legal guidance

03/07/2025
In February, the acting general counsel of the National Labor Relations Board notified board staff that he had rescinded select guidance issued by the NLRB’s former general counsel. The move indicated that the NLRB will change how it handles unfair-labor-practices findings, employee monitoring, union elections and much more.

Review development programs to ensure inclusion

03/07/2025
To protect against reverse-discrimination charges, thoroughly review all your training and development opportunities to ensure they don’t violate Title VII of the Civil Rights Act and other anti-discrimination laws. Here’s what to look for when you review your development programs.

Handling harassment amidst legal changes and uncertainty

03/05/2025
The legal and regulatory landscape surrounding workplace harassment is shifting rapidly, leaving many HR professionals wondering how to stay compliant while maintaining a fair and inclusive work environment.