Posts by Kirstin Mathers
NLRB Restricts Broad Confidentiality and Non-Disparagement Provisions in Severance Agreements
After being appointed by President Biden as General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo has been vocal about her intent to increase the scope of the National Labor Relationship Act (NLRA) and overturn decades of prior Board precedent. Abruzzo has been making good on her promise and these efforts extend to…
Read MoreThe NLRB Significantly Increases Potential Damages in ULP Cases
In July of 2021, Jennifer Abruzzo stepped into the role of General Counsel for the NLRB after being appointed by President Biden. Since that time, Ms. Abruzzo has been vocal regarding her intent to increase the scope of the National Labor Relations Act (NLRA) and overturn decades of prior Board law. This is the most…
Read MoreNew Proposed Rule for Classifying Employees and Independent Contractors under the FLSA
On October 13, 2022, the U.S. Department of Labor (the “DOL”) published a New Proposed Rule to assist employers in classifying workers as either employees or independent contractors under the Fair Labor Standards Act (the “FLSA”). In a news release, the DOL states it believes the new proposed rule would preserve essential worker rights and…
Read MoreU.S. Dept. of Ed. Issues Important IDEA and 504 Guidance Documents
Schools need not choose between keeping their school community safe and complying with the law, Department Secretary Miguel Cardona said in a letter accompanying newly released guidance documents from the U.S. Department of Education. Schools can both protect students’ rights and respond to safety concerns by providing behavioral supports and imposing discipline in a non-discriminatory…
Read MoreRecent EEOC Settlement Cautions Employers on Collecting GINA-Protected Information
Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. A recent settlement announcement from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of whether information regarding employees’ family medical history may be inquired about or collected, as will…
Read MoreUpdated EEOC Guidance Provides New Standard For Covid-19 Testing
Preventing and containing Covid-19 outbreaks in the workplace has become routine for employers over the course of the past two years. Updated guidance from the U.S. Equal Employment Opportunity Commission (EEOC) provides employers with a better understanding of when to test employees. Previously, employers could require on-site Covid-19 testing of employees at their discretion. However,…
Read MoreThe U.S. Supreme Court Rules that a Board’s Verbal Censure of its Board Member’s Speech Does Not Violate the First Amendment
On March 24, 2022, the U.S. Supreme Court held in a unanimous decision that an elected body can censure other members of the same body for their speech, without running afoul of First Amendment protections. The case is Houston Community College System v. Wilson, ___ S.Ct. ___, 2022 WL 867307 (2022). As we discussed in…
Read MorePresident Biden’s Vaccination Mandate to Go Into Effect Friday, November 5, 2021
Today, the Biden Administration, through the Occupational Safety and Health Administration (OSHA), issued an emergency temporary standard (ETS) mandating vaccinations or weekly testing for workers of employers with 100 or more employees. Who is covered by the mandate? The ETS applies to businesses with 100 or more employees “firm or company-wide.” The 28 states and…
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