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Corporate Counsel

Conservative States' Suit Accuses EEOC of Defining Gender-Identity Discrimination Way Too Broadly

Employers that refused to use transgender workers' preferred pronounces or barred them from using bathroom that match their gender identity would be committing workplace harassment, according to recently issued EEOC guidance.
3 minute read

The Legal Intelligencer

Unreasonable Contest Attorney Fees Revisited in 'Torres'

Last month, the Pennsylvania Commonwealth Court brought unreasonable contest attorney fees back to the forefront in the precedential matter of Torres v. Amazon.com Services (Workers' Compensation Appeals Board), and offered further elaboration as to the Supreme Court's holding in Lorino.
7 minute read

Daily Business Review

FTC's New Rule Usurps Florida's Public Policy on Noncompete Agreements

So what is a Florida employer to do? First, the final rule does not expressly limit other forms of employee restrictions. Nonsolicitation, confidentiality and trade secret agreements have always been additional ways in which an employer can protect its intellectual property, investments and client bases.
5 minute read

Corporate Counsel

'Walk a Fine Line': Managing Hyperpolarized Environment Zooms Up Employers' List of Worries

"It is important to allow employees the time and space to share their stories and perceptions in both formal and informal ways," the DEI consultant Seramount says in a new report.
4 minute read

New Jersey Law Journal

NJ Court Sides With Real Estate Broker in Dispute Over Employee Classification Under Wage Payment Law

"Under the Brokers Act, the parties' agreement to an independent contractor affiliation is not merely one of several factors in the analysis, as the Appellate Division viewed it to be," Justice Anne M. Patterson said. "To the contrary, if the parties have agreed in writing to a business affiliation in compliance with the Brokers Act, that agreement is dispositive."
6 minute read

Daily Business Review

IRS Continues Auditing Employee Retention Credit Claims for Fraud, Offers Protection for At-Risk Small Businesses

  Over the past year, the Internal Revenue Service (IRS) has discovered billions of dollars in potentially fraudulent Employee Retention Credit…
5 minute read

New Jersey Law Journal

Gibbons Attorneys File WARN Violations Against Christmas Tree Shops Owners for Short Layoff Notices

Gibbons filed an employment class action on behalf of former employees of Christmas Tree Shops against two owners of the now-bankrupt company for allegedly laying off hundreds of workers with only one week's notice, in violation of the required three months' advanced notification under the New Jersey Worker Adjustment and Retraining Notification Act.
3 minute read

Law.com

Inside Track: Once-Overlooked Labor Watchdog Has Put Employers in Tizzy

The NLRB "has been pursuing an agenda to reshape U.S. labor law and overturn decades of well-established NLRB precedent," Littler Mendelson shareholder Michael Lotito said.
4 minute read

Daily Report Online

To Subrogate or Not to Subrogate?—That is the Question for Workers' Compensation Employers and Insurers

An employee injured in an accident arising out of and in the course of his employment through the negligence of a third-party has a potential claim against that party which is not impacted by his or her workers' compensation claim. The employer and insurer have a potential subrogation right against the proceeds from the third-party claim.
9 minute read

The Recorder

FTC Issues Final Rule Banning Most Noncompetes, but Immediate Legal Challenges Ensue

Employers do not need to not rush to immediately implement changes. Instead, they should allow time for the above litigation to play out over the next few months to see, among other things, if the courts invalidate the final rule or stay it pending the outcome of the litigation and inevitable appeals.
6 minute read

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