Blogs

Employment Law

NLRB Changes Rules for Employee Severance Agreements

On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a significant decision in McLaren Macomb, ruling that an employer may not offer employee severance agreements containing broad confidentiality and non-disparagement restrictions because such restrictions amount to an impermissible waiver of the employees’ rights under the National Labor Relations Act (“NLRA”). McLaren Macomb reverses…

February 24, 2023

Employment Law

Best Practices to Reduce Employer Risks in Implementing a Reduction-in-Force

The ever-present question for businesses this year is whether the U.S. economy is already in a recession or is slowly heading toward one? Traditional economic metrics show that the U.S. is not in a recession, for now. The Federal Reserve’s aggressive interest rate hikes over the last 12 months have increased the cost of borrowing…

February 22, 2023

Business and Financial Services

Data Security in the Technological World

In today’s digital age, data security is a critical concern for individuals, businesses, and governments alike. With the increasing use of technology, the risk of data breaches, unauthorized data access, and theft of sensitive information has become a major concern for organizations of all sizes. At Bean, Kinney & Korman, we often advise clients on…

February 16, 2023

Employment Law

DOL: Best Practices to Minimize Risks of Remote Worker Unpaid Wage Claims

By most public health indicators, the COVID-19 pandemic is behind us. Remote work, a by-product of the pandemic, is here to stay. At the apex of the pandemic in late 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) 2020-5 to provide guidance to businesses on “how…

February 14, 2023

Employment Law

OCR Says School Diversity, Equity and Inclusion Activities Do Not Violate Title VI’s Prohibition Against Race Discrimination

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently issued a Fact Sheet that makes clear to educators, and elementary, secondary, and postsecondary educational institutions that “diversity, equity, and inclusion training and similar activities,” in most circumstances, do not violate Title VI of the Civil Rights Act’s (“Title VI”) prohibition against discrimination based…

February 8, 2023

Employment Law

Federal Trade Commission Proposes Rule to Ban Employer Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission interjected itself into U.S. workplaces in a big way, publishing a proposed rule that, as written, would essentially make it an “unlawful restraint on trade” for employers to restrict an employee’s right to engage in business activities competitive with the employer. While the FTC’s proposed rule is…

January 9, 2023

Employment Law

Understanding the Pros and Cons of Pay Transparency

Pay transparency – the degree to which employers are open about pay information or are permissive of employees talking with each other about pay — is becoming increasingly popular among employers. By sharing and facilitating the discussion of salary information, employers may be able to promote fairness and equity while building trust between employees and…

January 3, 2023

Employment Law

What Employers Need to Know About Office Holiday Parties

The holiday season is here, and it’s the most wonderful time of the year! With the winter holidays just around the corner, are you one of the many businesses busily preparing for a holiday office party? Office parties are a wonderful way to generate good will with your employees and strengthen your business culture. However,…

December 1, 2022

Employment Law

New “Know Your Rights” Poster Issued by the EEOC

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated version of the “EEO is the Law” poster that covered employers are required by federal law to post in a conspicuous workplace location. The new “Know Your Rights” poster includes updates to the language and formatting to make it more straightforward, highlights that…

October 24, 2022

Employment Law

Does Title IX Prohibit Discrimination Based on Sexual Orientation and Gender Identity? Not according to Virginia and Other States

On July 27, 2022, Virginia joined forces with more than twenty other states to file a lawsuit against the U.S. Department of Agriculture (USDA), in response to that agency’s recent guidance advising that Title IX of the Education Amendments of 1972’s (Title IX) prohibition of discrimination in educational programs “on the basis of sex” is…

August 22, 2022