By: Isaac Keller, Wyatt Summer Associate
Disputes between labor organizations and companies are almost always resolved under federal law. But when a union acts outside the protections of federal labor laws, they could be liable to companies in state court. Or so said the Supreme Court on June 1 in Glacier Northwest, Inc. v. Teamsters, which held ...
By: Jacob M. Abrahamson
Employers that get a request for a religious accommodation can only deny the accommodation if it would impose a substantial burden on the business.
Title VII requires that an employer “reasonably accommodate” the “religious observance or practice” of its employees. 42 U.S. § 2000e(j). But the employer can ...
UPDATE (8/8/2023): The Equal Employment Opportunity Commission issued the long-anticipated Proposed Rule to clarify the implementation of the Pregnant Workers Fairness Act (PWFA) (https://public-inspection.federalregister.gov/2023-17041.pdf). The Proposed Rule is available for comments for the next 60 days, so the content is subject ...
By: Drayden Burton, Wyatt Summer Associate
The Electronic Communications Privacy Act ("ECPA") of 1986 is a U.S. federal statute that prohibits unauthorized interception or disclosure of wire, oral, or electronic communications. The ECPA seemingly prohibits employers from monitoring the electronic communications of their employees ...
By: Will Miller, Wyatt Summer Associate
The Pregnant Workers Fairness Act (“PWFA”) will go into effect June 27, 2023. The new federal law will enhance existing protections for pregnant employees under Title VII of the Civil Rights Act of 1964, which makes discrimination on the basis of pregnancy, childbirth, or other related conditions ...
By: Liam McMillin and Tommy Rogers*
There seems to be a lot of news these days involving non-compete agreements. Many companies are wondering whether their current non-competes are still enforceable, or if they should put a new one in place. Here’s the long-and-short:
In 2023, non-competes seem to be on the chopping block, but nothing has ...
By: Kaylee Secor, Wyatt Summer Associate
Employers are increasingly using artificial intelligence (AI) to aid them in their selection procedures, which are procedures used to make decisions regarding hiring, promotion, and firing. Using AI tools to aid in the selection process offers the promise of reducing or eliminating selection bias ...
By: Jacob M. Abrahamson with Assistance from Isaac Keller, Wyatt Summer Associate
Federal officials have once again placed non-compete provisions in the administrative crosshairs. On the heels of the Federal Trade Commission’s proposed rule effectively banning non-compete provisions in employment contracts, National Labor ...