New Year, new legislation — California and New York are leading the way in restricting certain “stay-or-pay” provisions in employment contracts. These types of provisions are relatively common. For example, an employer may offer a signing bonus with the proviso that the incentive would be clawed back if the employee leaves before a specified period
An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment.
The Equal Employment Opportunity Commission and the
While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to automate repetitive tasks or produce predictive analytics — recent studies have shown that over 60% of managers
Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes employers from requiring employees to arbitrate sexual harassment claims. But what if the alleged harassment occurred before the EFAA effective date?
The federal government says healthcare employers can soon stop requiring employees to get the COVID-19 vaccine. Yes — the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) is sunsetting the requirement that covered providers have staff COVID-19 vaccination policies. Published in the Federal Register on June 5, 2023, CMS’s
If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company.
During World War II, the Army included Smucker’s apple butter in its ration kits, resulting in a federal contractor relationship that has “stuck” ever