NLRB General Counsel Says Non-Competes Usually Violate The NLRA

Clifford Geiger
Clifford Geiger
05/31/2023
First confidentiality and non-disparagement provisions in severance agreements were declared unlawful, and now Jennifer Abruzzo, General Counsel for the National Labor Relations Board, has taken the same view of most non-compete agreements. On May 30, 2023, the General Counsel issued an advisory memo detailing her view that non-compete provisions in employment contracts “interfere with employees’ exercise of rights under Section 7 of the...
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The Difference Between Race and Racism

You may recall an event in Central Park in mid-2020 that involved a woman who called the police when she encountered a birdwatcher.  The birdwatcher was Black.  The woman was white.   Video of the incident went viral.  I’ll spare you the link, but it’s still available (isn’t everything) with a quick search of “Central Park Karen,” as the incident became known. Amy Cooper was walking with her dog off leash in the Bramble, which is...
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EEOC Releases Advice on Artificial Intelligence and Title VII

Vincent Jackson
Vincent Jackson
05/23/2023
On May 18, 2023, the EEOC released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.”   This document offers advice on the use of algorithmic decision-making tools that employers are more often using for recruitment, promotion and firing.  The document also attempts to distinguish between...
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Pronouns Present Problems? Please.

I (he/him) grew up in a small farm town in Western New York.  I represent a number of institutions of higher education, as well as a number of faith-based non-profits.  So, when an article was printed in last Friday’s New York Times that merged those things together?  That’s like chocolate and peanut butter; it got my attention.  This blog looks at reports of the recent firing of two employees at Houghton University.  At this point it is...
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Second Circuit Turns Down Employee’s Claim of Wrongful Termination for Refusal to Attend LGBTQ Bias Training Session

A recent case from the Second Circuit illustrates the growing tension between religious discrimination claims and protection of LGBTQ rights under Title VII.  In Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, the Second Circuit affirmed a lower court’s decision granting summary judgment against an employee who alleged that, by being forced to attend mandatory LGBTQ  anti-discrimination trainings, he was subject to religious discrimination. The...
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New Hampshire and Virginia Provide Voluntary Paid Family Leave

Mathew Moldawer
Mathew Moldawer
05/16/2023
At the time of this article, California, Connecticut, the District of Columbia, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Virginia, and Washington have paid family leave laws in the books.  Colorado, Delaware, Maryland, and Oregon have paid family leave laws that are to take effect in the upcoming years. These plans all contain their own idiosyncrasies. Some, such as Connecticut, New Jersey, New York, and Rhode Island are...
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OSHA Institutes New Emphasis Program on Fall Prevention and Protection

Mathew Moldawer
Mathew Moldawer
05/11/2023
It is no doubt that the construction industry can be a dangerous place to work.  Masons, steel erectors, electricians, and other laborers work diligently and most of the time, safely, to meet critical contractual deadlines. Inevitably, accidents happen.  Improper trenching or excavation, improper storage of materials, or similar missteps can result in serious injuries or even death.  Recently, the Occupational Safety and Health Administration...
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Time To Care Act Is Still Coming, But It Is Delayed

Kollman & Saucier
Kollman & Saucier
05/09/2023
As we previously reported, last spring Maryland passed the Time to Care Act (“TTCA”).  Under the TTCA, Maryland joined a growing number of states that will offer a government administered paid family leave program to employees in the state.  The new program’s benefits and requirements were detailed back in April 2022. Originally the TTCA was set to go into effect beginning October 1, 2023, once the state issued regulations by June 1,...
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National Labor Relations Board Changes its Mind (Again) – Reverts to Previous Rule on Disciplining Misconduct Occurring in Connection with Protected Activity

Kollman & Saucier
Kollman & Saucier
05/04/2023
It is no secret that the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel Abruzzo is pushing a pro-union/employee agenda.  She stated as much in 2021 when she released her 10-page memo to NLRB staff outlining that under her leadership, the NLRB would focus on reviewing the “numerous adjustments to the law, including a wide array of doctrinal shifts” that occurred under the NLRB’s prior leadership.  Don’t...
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EEOC Issues Harassment Prevention and Response Guidance

The EEOC has issued guidance on “Promising Practices for Prevention and Addressing Harassment in the Federal Sector.”  While the guidance provides recommended practices for federal government workplaces, it offers sound advice for other public sector and private sector employers.  Here is a sampling of the EEOC’s recommendations that are applicable to other employers too: Annually issue and distribute to all employees, and prominently post,...
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