On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo advising NLRB regional directors that non-compete agreements generally infringe on employees’ rights under Section 7 of the National Labor Relations Act (NLRA).

In this Part II, we explore legal conflicts that have occurred, statutes about which companies should keep apprised and how to mitigate the legal risks of using AI in human resources.

Human Resources Departments at a wide variety of companies currently use AI in several ways, including recruitment and performance management. But artificial intelligence does not exist in a vacuum. It is created by (imperfect) humans and thus carries risks in addition to all its apparent -- and exciting -- benefits.

The U.S. Supreme Court recently held that a rig oil worker paid at a daily rate that amounted to $200,000 annually was entitled to overtime pay because he was not paid on a “salary basis” as required by the Fair Labor Standards Act (FLSA).

A vast number of private businesses will face new requirements on how – and whether – they report their beneficial ownership interests to the U.S. government, effective at the start of 2024. While the time for compliance starts in several months, the time to prepare is now.

Congress passed two laws related to pregnant workers and nursing mothers in December 2022. First, Congress passed the Pregnant Workers Fairness Act (PWFA), which requires employers with at least 15 employees provide “reasonable accommodations” to a worker’s limitations related to pregnancy, childbirth or related medical conditions, unless the accommodations will cause an “undue hardship” to the employer (significant difficulty or expense for the employer).

On March 13, 2023, Illinois became only the third state to mandate paid time off for all workers in the state when it enacted the Paid Leave for All Workers Act. The act is effective January 1, 2024.

If you think that there is a lot of talk about new factory construction in the United States in recent months, you are correct.

Late last month, the U.S. Supreme Court agreed to hear Groff v. DeJoy, a case that could potentially change the legal landscape for employers handling accommodation requests for an employee’s religious beliefs and practices under Title VII.

The U.S. Department of Labor’s (DOL) Wage and Hour Division released a Field Assistance Bulletin (FAB) providing guidance about employer obligations and worker protections under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) for remote employees.