Analysis and commentary by Reed Smith attorneys on developments in employment and labor law
In an opinion letter published this week, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) clarified how employers should calculate an employee’s Family and Medical Leave Act (“FMLA”) leave entitlement when the leave is taken during a week that includes a holiday.
The FMLA regulations are clear that when an employee takes a…
The General Counsel for the National Labor Relations Board (“NLRB”) issued a landmark memorandum yesterday broadly opining that most non-compete agreements violate Section 7 of the National Labor Relations Act (“NLRA”) and directing the NLRB’s various regions to make challenging overbroad non-compete agreements an enforcement priority. After the NLRB’s sweeping decision this February in McLaren …
Earlier this year, the US Equal Employment Opportunity Commission (EEOC) announced the launch of an Artificial Intelligence and Algorithmic Fairness Initiative, pursuant to which the agency would seek to ensure that software, including AI, used in employment decisions such as hiring, firing, and promoting complies with federal anti-discrimination laws. In line with that initiative, on…
As we previously reported, New York State recently adopted a salary transparency law that, effective September 17, 2023, will require employers to disclose the pay range for any job that is advertised, including those for internal promotion or transfer opportunities. Last month, however, Governor Kathy Hochul signed A999/S1326 into law, amending the impending salary…
As the 2023 Virginia legislative session comes to a close, Governor Glenn Youngkin signed into law two new pieces of legislation that will expand the Commonwealth’s existing restriction on employee confidentiality agreements and restrict how employers may use employee social security numbers. Both new laws go into effect July 1, 2023.
Expanded prohibition on confidentiality…
On February 21, 2023, the National Labor Relations Board issued a landmark decision in McLaren Macomb that has the potential to seismically change how employers approach and manage employee separations that include severance packages. In response to this landmark decision and the impact it will have on many employers, Reed Smith’s Labor & Employment team…
On February 21, 2023, the National Labor Relations Board issued a landmark decision in McLaren Macomb that has the potential to seismically change how employers approach and manage employee separations that include severance packages. Overturning well-settled precedent, the Board held in a stunning decision that severance agreements containing non-disparagement and confidentiality provisions are unlawful under…
Many New Jersey employers, particularly those with fluctuating staffing needs, use temporary workers to supplement their staff. Typically, employers have contracts with staffing agencies who provide workers to meet the Company’s temporary staffing needs.
On February 6, 2023, Governor Murphy signed P.L. 2023 c.10, also known as the “Temporary Workers’ Bill of Rights” which may…
On January 10, 2023, the Illinois legislature passed SB 208, also known as the Paid Leave for All Workers Act, a bill that provides paid leave to virtually all Illinois employees. Governor J.B. Pritzker is expected to sign the bill into law. SB 208 would take effect January 1, 2024.
SB 208 would guarantee Illinois…
For decades, businesses within New York State have been required by federal, state and, in certain cases, local law to physically post various notices and posters in the workplace. However, last month Governor Kathy Hochul signed into law Senate Bill S6805, which mandates that Empire State employers now also make any legally-required notices and…
