Tag: Andrew J. Adams

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Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such as the Supreme Court’s decision in Groff v. DeJoy[1] took us by…
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The Show Must Go On: Entertainer-Employee Classification Takes Center Stage for Venues

It’s spring 2023, live entertainment is back, and perhaps so is the Internal Revenue Service (“IRS”). The Inflation Reduction Act, signed into law on August 16, 2022, authorizes $80 billion in funding for the IRS over the next 10 years, of which more than $45 billion is earmarked for enforcement. [1] What does this mean…
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2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay equity/transparency, cannabis, and other updates which you can read about in our previous DE Insight, there are several new developments that…
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A blue book with "EMPLOYEE HANDBOOK" on the front cover lies on top of a messy stack of papers on a wood surface

Going by the Handbook Can Be Employer’s Best Defense

Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and most importantly enforcing an employee handbook is a simple and efficient way to communicate company policy and expectations to your employees…
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piece of paper on a light wood table reading "NON-COMPETE AGREEMENT" with a teal pen on top of it, next to a calculator and a pair of glasses

The Hunger Games: Can Competition Be Stopped?

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed Rule”), impacting restrictive covenants as a whole, with an impact extending to both confidentiality and non-solicitation provisions. While those in support of the FTC’s Proposed…
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worker wearing a blue jumpsuit facing away from the camera and tucking a yellow hard hat under their left arm

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

Contrary to the expression’s limitations, the National Labor Relations Board (“the Board”) set the tone for 2023 with some major decisions that will essentially provide employees with not only the kitchen sink, but the walls and the foundation too. The Board fundamentally altered the landscape when it comes to collective bargaining, property interests, damages in…
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barista wearing white shirt and black apron grinding coffee on white counter

2023 State Employment Law Updates: From Pay to Hair, Cannabis, and More

The coming new year brings new changes, new goals, and newly amended employment laws. Although some jurisdictions jumped the gun (looking at you, D.C. noncompete law), starting on January 1, many states are implementing new and amending old employment laws. Minimum Wage Increases While some states roll out raises at different intervals, all employers should…
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I Always Feel Like… My Boss is Watching Me!

Following similar movement by the Equal Employment Opportunity Commission (“EEOC”), which recently released guidance on the use of artificial intelligence by employers[1], National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo has released a new memorandum announcing her plan to address modern technology in the workplace.[2] Analogous to the EEOC, the General Counsel’s memo discusses…
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An Ounce of Prevention… EEOC Releases New “Know Your Rights” Poster

In its first update since 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new “Know Your Rights” poster to replace its older “Equal Employment Opportunity is the Law” poster. As a refresher, covered employers must display the EEOC poster, which explains employee rights to be free from discrimination under federal laws, in…
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Artificial Intelligence and the Americans with Disabilities Act

Throughout recent years, the use of artificial intelligence (“AI”) software in the recruitment and hiring of employees has rapidly increased in popularity. AI software has gained traction as a valuable tool in streamlining the hiring process, and employers have embraced it to assist them in various employee-related decisions, while regulators have been hesitant to accept…
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