Category: Uncategorized
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United States Supreme Court Upholds Overtime Pay for Highly-Compensated Employee
Yesterday, in a significant decision, the United States Supreme Court held that highly-compensated employees can be eligible for overtime pay if they are paid on a daily basis. In Helix Energy Solutions Group v. Hewitt, Helix Energy Solutions, an offshore oil and gas company based in Houston, claimed that its former employee, Michael Hewitt, was…
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Major NLRB Ruling Restricts Severance Agreements
In a significant decision this week, the National Labor Relations Board (“NLRB”) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when the employer uses employee severance agreements with provisions restricting employees’ exercise of their NLRA rights. Through its recent ruling in McLaren Macomb, 372 NLRB No. 58 (Feb. 21,…
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EEOC Outlines Enforcement Priorities in Coming Years
On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) released its Draft Strategy Enforcement Plan (“SEP”) for fiscal years 2023-2027. This document describes the EEOC’s top priorities in the coming years, making it important information for employers and human resources professionals across the country. The Draft SEP sets out the EEOC’s six priorities for…
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Yet Another Federal Effort to Ban Most Non-Compete Agreements
A bipartisan group of U.S. Senators recently re-introduced a bill, which they have named the “Workforce Mobility Act of 2023,” to largely ban the use of employer non-compete agreements throughout the country as a matter of federal law. As previously noted, the Federal Trade Commission (“FTC”) recently proposed a rule that would make most non-compete…
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January 2023 SCOTUS & 8th Circuit Update
The first month of 2023 saw the United States Supreme Court’s grant of certiorari and a handful of decisions from the Eighth Circuit in the employment law realm: First, on January 10, 2023, the United States Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters. The issue in this case is whether…
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Updated EEOC Guidance on ADA Requirements for Individuals with Hearing Disabilities
On January 24, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updated guidance on application of the Americans with Disabilities Act (“ADA”) to job applicants and employees with hearing disabilities. The guidance provides information about hearing conditions as a disability under the ADA, outlines best practices for employers dealing with confidential medical information, shares guidance…
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New Protections for Pregnant and Nursing Workers
On December 29, 2022, as part of the Fiscal Year 2023 Omnibus Spending Bill, President Biden signed into law two pieces of legislation that will benefit pregnant and nursing mothers. These two pieces of legislation, known as the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Material Protections for Nursing Mothers Act (PUMP for…
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FTC Proposes Ban on Non-Competes
South Dakota law is rather non-compete friendly. While most contracts in restraint of trade are unenforceable under South Dakota, a covenant not-to-compete between an employer and employee (with certain time and geographic scope requirements) is valid. A recent federal development may change this legal landscape. On January 5, 2023, the Federal Trade Commission (“FTC”) proposed…
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What is Workplace Conflict Resolution?
Conflict is everywhere, and the workplace is no exception. Too often, these conflicts turn into heated arguments, low morale, loss of productivity, and turnover, which translate into rising costs for the employer. Every individual brings a unique viewpoint and skills to the workplace. Many times, workplace conflicts are the result of miscommunications and misunderstandings about…
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EEOC Releases Updated Workplace Rights Poster
The EEOC’s “Know Your Rights: Workplace Discrimination is Illegal” poster is a staple in breakrooms across the country. But, last week, the U.S. Equal Employment Opportunity Commission released a new version of this poster. The new poster, like the prior version, summarizes federal law prohibiting job discrimination based on race, color, sex (including pregnancy and…
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