News & Commentary

On May 30, 2023, the United States Department of Labor (DOL) released an opinion letter clarifying how holidays factor into calculations of family medical leave. The Family and Medical Leave Act (FMLA) protects the right of eligible employees to take unpaid, job-protected time off for up to 12 workweeks in a 12-month period. Employees can…

Non-compete agreements, whether stand-alone or in employment or severance agreements, almost always violate the National Labor Relations Act, according to the National Labor Relations Board General Counsel, Jennifer Abruzzo. A non-compete is a contractual term between an employer and a worker that goes into effect once the employee stops working for that employer. It attempts…

The U.S. Department of Labor recently issued additional guidance on employees’ rights to pump milk at work under the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act). The Fair Labor Standards Act (FLSA) was amended in 2010 to guarantee reasonable break time and space for employees pumping milk at work. The PUMP…

The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance explaining how anti-discrimination law applies to the use of artificial intelligence in hiring, firing, and promotion decisions. As Artificial Intelligence (AI) and algorithmic tools become more prevalent, it becomes increasingly essential for workers to understand how anti-discrimination laws might protect them. Title VII is a…

Senior Partner Dan Ratner was featured on the Power At Work Blogcast with Seth Harris. As Seth and Power at Work noted, “Dan Ratner has a long, storied career representing working people. He was an organizer with the SEIU and the UAW for 12 years before becoming a lawyer. His law career has spanned over…

On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) will go into effect, providing new protections for pregnant workers across the United States. The PWFA will require employers with 15 or more employees to provide reasonable accommodations to workers for known limitations related to pregnancy, childbirth, or related medical conditions, unless it would cause…

In October 2017, New York City made it illegal for private and public employers to ask about a job applicant’s salary history. Employers can’t ask about other benefits or compensation a job applicant received either and includes questions directly asked by the employer or the employer’s employees, like a human resources representative. Employers can speak…

On December 29, 2022, President Biden signed legislation, which includes the passage of the Fair Hiring in Banking Act. The Act expands job opportunities in banking and financial institutions for those with a previous criminal offense. The new law is in line with a growing number of jurisdictions across the country that have prohibited private…

On February 21, 2023, the National Labor Relations Board decided in McLaren Macomb that Employers violate federal labor law if they offer severance agreements that include broad confidentiality clauses and/or non-disparagement clauses. Section 7 of the National Labor Relations Act protects workers’ right to engage in “concerted activities for the purpose of collective bargaining or…

On March 3, 2023, New York Governor Kathy Hochul signed amendments to the New York Pay and Transparency Law. The New York Pay and Transparency Law, which was originally signed into law in December 2022, requires employers to list salary ranges for all advertised jobs and promotions. The recent amendments make significant changes to both…