Blog

Recent Blog Posts

• FTC announces proposed rule prohibiting non-compete agreements By Nikki Mayo    On Jan. 5, 2023, the Federal Trade Commission (FTC) announced a slate of proposed rulemaking. Of interest to employers in particular is a proposed rule that would completely ban the use of non-competition or non-compete agreements, which prevent employees from working for a competitor or starting a competing business. Typically, these agreements often last months or years and are limited to a certain geographic scope. The FTC noted that it believes non-compete agreements often have the effect of... More
• Long COVID implications under FMLA and ADA By Nikki Mayo    COVID-19 has presented employers with leave challenges not only for those currently suffering from COVID-19, but also for employees who have lingering residual symptoms, sometimes referred to as “long COVID.” While the effects of routine COVID-19 cases often have a limited impact on the workplace, more difficult accommodation issues can result from long COVID. In routine COVID-19 cases, the employee is typically only away from work for five to 10 days. However, long COVID refers to a situation in... More
• Quiet quitting: Why it matters, and what employers can do to increase employee engagement By Jourdan Day    The term “quiet quitting” has recently been hard to avoid on the internet, in the media and in the workplace. Unlike its name implies, it has nothing to do with the employee actually quitting their job. Rather, it’s when an employee will not give more than the bare minimum and put in any extra effort. Employers can attempt to improve performance by such employees by ensuring they have good managers in place throughout their organizations. How does quiet quitting... More
• When it comes to employee discipline, consistency is key By Porter Wright    How Constellium should inform employers’ policies and practices  Assume an employee writes the words “whore board” on company overtime sign-up sheets. Serious misconduct, right? In fact, the employer faced with this situation terminated the employee for offensive conduct. In Constellium Rolled Products Ravenswood, LLC v. NLRB, the U.S. Court of Appeals for the District of Columbia agreed with a National Labor Relations Board (NLRB) decision finding the termination was unlawful. The case illustrates that National Labor Relations Act protections sometimes... More
• Circuit court upholds rest time regulations for commercial drivers By Emily Peffer    Recently, the Federal Motor Carrier Safety Administration (FMCSA) modified certain regulations impacting commercial drivers. The Final Rule made two changes related to the hours of service regulations for commercial drivers. Driver advocates challenged the new regulations and the dispute ultimately went to the Court of Appeals for the D.C. Circuit. The lawsuit alleged that the revised regulations were arbitrary and capricious. The Court of Appeals upheld the regulations. What the new regulations change The two aspects of the Final Rule challenged... More
• How employers can respond to social justice and free speech issues on social media By Sarah Squillante    *Special thanks to Porter Wright summer law clerk, Grace Brown, for her assistance with this post. It’s the summer of 2020, and someone from your company posts to her public Facebook page saying, “If Black people truly wanted equality, then they wouldn’t be isolating themselves into a separate group with Black Lives Matter. All lives matter!” Your social media marketing team discovers the employee’s post after it was shared by someone who accuses that employee, and your company, of being... More
• Ohio updates workers’ compensation laws for remote workers By Rebecca Kopp Levine    Over two years after the COVID-19 pandemic began and many employees switched from coming into a workplace to working at home, Ohio has amended the workers’ compensation laws to reflect the current work environment. Effective Sep. 21, 2022, this new legislation expands the definition of a compensable workplace injury to include some injuries sustained within the employee’s home, if certain criteria are met. What counts as a workplace injury? The determination for whether an injury is work-related (regardless of... More
• Employees and free speech By Porter Wright    With increasing frequency, employers are raising the question about what can (or can’t) be done with employees who speak about polarizing issues, whether at work or in a way that affects the work environment. This question is arising often because of our current social and political climate. The legal and practical implications are complex. It is appropriate and timely to provide some background on the law relating to this free speech issue as there are widespread misconceptions. Workplace restrictions... More
• Third Circuit decides employer’s tweet was comedic, not coercive By Emily Peffer    The United States Court of Appeals for the Third Circuit recently issued an opinion that reversed a decision by the National Labor Relations Board about whether a comment by a management representative was a threat to workers or a mere joke. The NLRB decision sheds interesting light on how remarks, such as this specific employer’s tweet, meant in jest can backfire. Fortunately for this employer, on appeal the Third Circuit “got the joke.” The world is no stranger to... More
• Mental health claims on the rise: New normal for disability-related charges? By Jourdan Day    The COVID-19 pandemic took its toll on the mental health of employees. Employees struggled to adjust to the multiple burdens of working from home, caring for family members and achieving work-life balance. Data recently released by the Equal Employment Opportunity Commission confirms that more and more discrimination charges include claims based on mental health conditions. This change is based largely on the increase in discrimination charges related to anxiety and post-traumatic stress disorder. Mental health claims up nearly 50% In fiscal... More