The Labor & Employment Blog provides employers with breaking news, insights, and legal analysis on the wide range of labor and employment issues facing employers and businesses. While the Blog provides a general summary of regulation updates, it is not intended to be, and should not be relied upon as, legal advice. The labor & employment attorneys at Chamberlain Hrdlicka stand ready to counsel employers on the issues they face.
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- Posts by AmyJo "AJ" ForemanAssociate
AmyJo "AJ" Foreman is an associate in the litigation section. Her practice focuses primarily on commercial litigation, labor & employment, and appellate matters.
AJ graduated from the University of Houston Law Center where she was ...
The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023, and will provide additional protection for pregnant job applicants and employees. If your business has fifteen (15) or more employees, the PWFA will require you to provide reasonable accommodations for job applicants and employees for “known limitations related to pregnancy, childbirth, or related medical conditions,” unless the accommodation would impose an undue hardship.
The PWFA requires a reasonable accommodation regardless of whether the pregnant applicant or employee has a ...
On April 28, 2023, new employee remedies will take effect under the Providing Urgent Maternal Protections for Nursing Mothers Act, a.k.a. the PUMP Act. The PUMP Act expands the rights of nursing employees under the Fair Labor Standards Act (FLSA) by making it unlawful for an employer to deny a covered employee a needed break to pump or a private place to pump.
The FLSA already requires employers to provide reasonable break time to employees to express breast milk in a place, other than a bathroom, that is shielded from public view and free from intrusion. For one year after a child’s ...
If you, like most employers, have included non-disparagement or confidentiality provisions in your severance and settlement agreements, you will be interested in a recent decision from the National Labor Relations Board (“NLRB”). On February 21, 2023, in a 4-1 decision the NLRB held an employer violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when it offers a severance agreement with non-disparagement and confidentiality provisions that would restrict employees’ exercise of their NLRA rights. While some employers mistakenly believe the NLRA ...
Late last year, the Federal Trade Commission issued a policy statement that superseded its prior policy statements and guidance concerning the FTC’s interpretation of the scope and meaning of unfair methods of competition as addressed in the Federal Trade Commission Act (“FTC Act”). The FTC indicated it would no longer follow the “rule of reason” inquiry and, instead, focus on trying to stop unfair methods of competition “in their incipiency based on their tendency to harm competitive conditions.” The FTC stated an unfair method of competition need not cause ...
OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard
Effective today, January 26, 2022, the Department of Labor’s Occupational Safety and Health Administration (OSHA) has withdrawn the COVID-19 vaccination and testing emergency temporary standard (ETS) issued on November 5, 2021, which required all employers with 100 or more employees to implement either a mandatory COVID-19 vaccination policy or a policy allowing employees to undergo weekly COVID-19 testing and face covering as an alternative to vaccination.
Yesterday, OSHA filed a motion to dismiss the ...
On January 13, 2022, the U.S. Supreme Court issued two highly anticipated opinions on the COVID-19 vaccination rules mandated by the Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Centers for Medicare and Medicaid Services (CMS). Challenges to those rules had opposite outcomes, as set out in the opinions. The Court stayed OSHA’s Emergency Temporary Standard for COVID-19 Vaccination and Testing (OSHA ETS), but allowed the CMS Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (CMS Rule) to move forward.