Articles and Blogs

As previously discussed here, on April 23, 2024, the Federal Trade Commission (“FTC”) voted to adopt a final rule banning a majority of workers’ non-compete clauses (“Final Rule”). The Final Rule is set to go into effect on September 4, 2024. Nevertheless, pending litigation may delay the Final Rule or negate it entirely, and... READ MORE

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issues its final Enforcement Guidance on harassment in the workplace (the “Guidance”). We previously reported about the EEOC’s proposed guidance on workplace violence in this post when it was initially introduced in October 2023. The Guidance was influenced by the Supreme Court’s recent decision in Bostock v. Clayton, which held that Title VII’s prohibition... READ MORE

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to adopt a final rule (the “Final Rule”) banning most companies from entering into or enforcing non-compete clauses. Adoption of the Final Rule comes after more than a year of review following the publication of the Proposed Rule in early... READ MORE

On April 17, 2024, the United States Supreme Court issued an important decision under Title VII of the Civil Rights Act of 1964 (“Title VII”) which clarifies the harm necessary to make a claim of discrimination actionable when the claim rests on a job transfer. Title VII provides, in part, that it is unlawful... READ MORE

In the recent case of Murray v. UBS Securities LLC et al., the U.S. Supreme Court unanimously ruled that whistleblowers do not need to show retaliatory intent as part of a retaliation claim against an employer under the Sarbanes-Oxley Act (“SOX”), which governs corporate financial reporting and recordkeeping. The Supreme Court reinstated a $900,000... READ MORE

On January 11, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued a Final Rule entitled “Safeguarding the Rights of Conscience as Protected by Federal Statutes” (the “2024 Final Rule”). The 2024 Final Rule, which will take effect on March 11, 2024, seeks to clarify the mechanisms... READ MORE

Through the passage and signing of House Bill 4520 (“HB 4520”) and House Bill 4521 (“HB 4521”), the Michigan legislature and Governor Gretchen Whitmer recently took steps to increase financial penalties for those committing violence in the health care workplace. These bipartisan laws amend the Michigan Penal Code by doubling fines imposed on persons... READ MORE

The Sixth Circuit Court of Appeals (“the Court”) recently affirmed the dismissal of a nursing student intern’s lawsuit alleging disability discrimination and failure to accommodate claims. The Court opined that the plaintiff in this action failed to establish an intentional discrimination claim against Hurley Medical Center (“Hurley”) and that Hurley did not fail to... READ MORE

The United States District Court for the Eastern District of Wisconsin recently issued a decision involving protections for employees whose jobs involve the investigation of fraud. The case, brought under the anti-retaliation provision of the False Claims Act (“FCA”), is available here. Since 2009, the FCA’s anti-retaliation provision,(codified at 31 U.S.C. § 3730(h)(1)), has provided... READ MORE

As fall begins in many parts of the country and cooler temperatures move in, so do a range of new employment laws and proposed regulations. Some of these changes include a new employer work rules standard recently adopted by the National Labor Relations Board (“NLRB”), a long‑awaited guidance update on workplace harassment from the... READ MORE