Employment Law Blog
Texas Jury Awards Plaintiff Alleging Racial Discrimination and Retaliation $366 Million in Damages
May 23, 2023
In February 2023, Judge Kenneth M. Hoyt, a federal district judge in the Southern District of Texas, ordered FedEx Corporate Services, Inc. to pay a historic $366 million in damages, with 4.69% postjudgment interest, for violating Jennifer Harris’s rights under Section 1981 and Title VII of the 1964 Civil Rights Act. This final...
Judicial Review of Large Jury Awards of Non-Economic and Punitive Damages
May 23, 2023
In employment litigation, plaintiffs generally can receive two types of damages, compensatory and punitive. Compensatory damages seek to place the plaintiff in the same position as if she had not been discriminated or retaliated against and can be both economic and non-economic. Economic damages include back pay (e.g., lost...
The EEOC and Developments in Anti-Discrimination Law: A Look to 2023 and Beyond
May 15, 2023
The Equal Opportunity Employment Commission (“EEOC”) is poised to play an even more essential role in advancing the rights of workers in 2023 and beyond. The EEOC enforces the following federal laws related to employment discrimination:
Title VII of the Civil Rights Act of 1964 (Title VII), as amended, which prohibits race,...
The Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act Add Overdue Protections for Pregnant and Nursing Employees
April 11, 2023
On December 22, 2022, the U.S. Senate passed the Pregnant Workers Fairness Act (PWFA) via a bipartisan 73-24 vote as part of the Consolidated Appropriations Act. President Biden signed the bill into law a week later. The PWFA goes into effect on June 27, 2023, and will apply to claims stemming from events occurring on or after...
The NLRB Curtails the Scope of Nondisparagement and Confidentiality Provisions in Severance Agreements
February 22, 2023
On Tuesday, February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued McLaren Macomb, a decision that curtails the permissible scope of confidentiality agreements and non-disclosure provisions in severance agreements. See McLaren Macomb, 372 NLRB No. 58 (2023). Analyzing the broad provisions in the...
The New Speak Out Act Voids Predispute Nondisclosure and Nondisparagement Provisions
February 22, 2023
On December 7, 2022, President Biden signed into law the Speak Out Act, which had previously passed the House of Representatives on a bipartisan vote of 315–109, and the Senate unanimously. The law purports to allow survivors of workplace sexual assault or harassment to speak out about their experiences, notwithstanding the...
California’s Expanded Statute of Limitations for Civil Claims for Sexual Assault
February 15, 2023
If you have experienced sexual assault in California, you might still be able to take legal action – even if the assault occurred years ago – thanks to the passage of a new law. On January 1, 2023, California expanded its statute of limitations for sexual assault claims, which permits survivors to file legal claims for a sexual...
New York Adult Survivors Act
January 20, 2023
New York’s Adult Survivors Act[1] (“ASA” or “the Act”) (S.66A/A.648A) became effective on November 24, 2022. The Act provides a one-year lookback window for people to seek civil remedies for sexual abuse they experienced after they turned 18, regardless of what year the abuse occurred. This law adds critical energy to the...
Potential Impact of the FTC’s Proposed Rule to Ban Noncompetes Nationwide
January 19, 2023
The Federal Trade Commission (“FTC”) on January 5, 2023, announced a Proposed Rule which would ban noncompetes nationwide. I explained the basic components of the Proposed Rule, discussed its scope, and addressed potential challenges to the FTC’s authority to impose such a wide-reaching rule in a blog post published last...
Explaining the FTC’s Proposed Rule to Ban Noncompetes Nationwide
January 12, 2023
The Federal Trade Commission (“FTC”) last Thursday announced a Proposed Rule which would ban noncompetes nationwide. Noncompetes are a widespread and often exploitative practice with which employers limit employees’ ability to ‘compete’ with their former employer during or after employment. Studies have shown that noncompetes...
