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Feds File First Lawsuit Under Pregnant Workers Fairness Act: 8 Compliance Reminders for Employers

The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new federal pregnancy protection law. The Equal Employment Opportunity Commission claims the employer violated the Pregnant Workers Fairness Act (PWFA), as well as federal civil rights law. ...
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Federal Court Vacates FTC’s Non-Compete Rule

As readers of this blog know, this past Spring, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (the “Non-Compete Rule”) in late April 2024, purporting to ban nearly all employment-related non-compete agreements.  Under the Non-Compete Rule, which was scheduled to take effect on September 4, 2024, an employer generally would have been prohibited from entering or ...
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Transparent Connections: Arbitrators, Attorneys, Parties and Social Media Disclosures

Social media plays a crucial role in professional networking and relationships. This raises important questions for arbitrators, who must maintain high standards of impartiality and avoid potential conflicts of interest, as well as for attorneys and parties, who have an opportunity to delve deeper into the suitability of potential arbitrators on their cases. Fostering Trust, Transparency, and ...
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Appeals Court Strikes Down Onerous 80/20/30 Tip Credit Rule: 7 Things Hospitality Employers Should Know About This Win

A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the regulations in question. The DOL’s rule — which creates time-keeping and other compliance nightmares — applies to employers that take the tip credit ...
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Recognizing the Warning Signs of Workplace Violence

Workplace violence poses a serious concern for businesses across all industries. The Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), reported that out of the 5,486 fatal work injuries recorded in the United States in 2022, 524 deaths were homicides, an 8.9% increase from 2021. As an employer, understanding the warning signs of potential ...
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Female shopkeeper sitting stressed out at the store entrance frustrated

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s no-Sundays request. While restaurant employers have long been grappling with the challenges of a persistent labor shortage, and staffing becomes even ...
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The Power of Advocacy: Shifting Mindsets for Successful Arbitration

Arbitration’s unique advantages often are squandered when parties’ legal representatives, or advocates, approach it with the same mindset as traditional courtroom proceedings. Advocacy is a vital skill in the legal profession, particularly in arbitration. Arbitration offers a distinct method of dispute resolution that requires advocates to employ a unique set of skills and strategies. Among ...
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Game-Changing SCOTUS Ruling Serves Up a Menu of Possibilities for Hospitality Employers: Your 4-Step Action Plan Post-Chevron

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking at the way specific areas of workplace law will be impacted now that federal agency rules and positions ...
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Weather Hazards & Insurance Claims Considerations Across the US

Introduction: Exploring Hazardous Weather Patterns Across the US Every day, somewhere in the United States, some sort of hazardous weather is occurring. The vastness of the nation—from the Arctic Ocean coastline to the tropical beaches of the Florida Keys, to the mountain peaks of the Western United States, to the volcanos in Hawaii, the inhospitable ...
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