Publications

New Federal Law Limits Employers’ Ability to Muzzle Sexual Harassment Claims. President Biden also has signed into law the “Speak Out Act,” prohibiting employers from enforcing pre-dispute non-disclosure and non-disparagement clauses regarding sexual assault and sexual harassment. Congress states in the new law (available here) that non-disclosure and non-disparagement provisions “can perpetuate illegal conduct by […]

One Year In – Where Is the Surge of Sexual Harassment Lawsuits? In March of 2022, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, limiting the ability of private parties to mandate arbitration of such claims under the Federal Arbitration Act. The law was

The PUMP Act and Other Pregnancy Protections. Just in time for Rhianna’s baby bump at the Super Bowl halftime show, Congress and President Biden have expanded workplace protections for pregnant and nursing mothers. . First, the creatively named Providing Urgent Maternal Protections for Nursing Mothers Act (aka the “PUMP Act”) provides enhanced safeguards for women

Minimum Wage. On January 1, New Jersey’s minimum wage rose to $14.13 per hour ($5.26 for tipped employees). Pennsylvania’s minimum remains at the federal level, $7.25 per hour (although few jobs pay that low anymore). And in New York, the minimum hourly wage is $14.20 statewide, but $15 in New York City and some of

When an employee of the Killeen Daily Herald in Texas experienced a flea infestation at her desk due to a co-worker’s cat, she first reported it to newspaper management and then – not satisfied with the response – complained to the Occupational Safety and Health Administration (OSHA). The newspaper apparently wanted to show its claws

When an in-house lawyer for Lockheed Martin attached some of the company’s attorney-client privileged documents to her filings to support her charge of race discrimination and retaliation with the U.S. Equal Employment Opportunity Commission (EEOC), the company concluded she had engaged in misconduct so egregious and unethical that it fired her for cause. Decisions from

Washington, D.C.’s new “Ban on Non-Compete Agreements Amendment Act” took effect October 1 for employers with employees in the District. The amended law provides exceptions for “highly compensated employees” (generally those who earn more than $150,000 per year), requires specific notice to employees who are subject to non-compete restrictions, and contains numerous changes and exceptions

Domo Arigato, NY Limits Mr. Roboto. New York City has passed a new law to restrict employers from using artificial intelligence (“AI”) to make employment decisions in the City, effective January 1, 2023. Apparently, this is a problem that needed a legislative solution. In Philadelphia, we still think AI refers to Allen Iverson, but apparently

Favorite Irish rocker Sinead O’Connor had a beautiful hit in 1990 with “Nothing Compares 2 U“. But Sinead missed the deeper truth that comparing people can be beneficial in employment law. For example, when an employee engages in misconduct and the boss wants to terminate the relationship, a key data point is finding out whether

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released an updated poster, “Know Your Rights: Workplace Discrimination is Illegal,” that covered employers are required to prominently display in the workplace. The new poster is available here. The biggest substantive change is the new poster’s statement that sex discrimination can also encompass pregnancy and related