Employers sometimes still grapple with the notion of what conduct supports a claim of a hostile work environment. The easy answer is generally the negative atmosphere must be sufficiently severe and pervasive, but it also must rise to the level of actual harassment of an employee or group of employees on the basis of a protected characteristic. In other words, negative workplace interactions alone aren’t enough to give rise to a hostile work environment claim without more. Recent decisions underscore this distinction enough to give employers at least a little relief over the kinds of employee conflicts that occur on a daily basis.

It’s easy to think about the Americans with Disabilities Act and its amendments as compliance matters once an employee is fully in the door. An employee requests an accommodation to perform a job, the employer initiates the interactive process, etc. With a recent federal lawsuit in EEOC v. ALM Freight, LLC & LMDmax Corp., the EEOC is sending a very clear message about when ADA protections begin, and employers should pay close attention.

Employers expecting good news from a largely pro-employer Supreme Court have just been dealt an unexpected headache. In a rare unanimous opinion, the United States Supreme Court opened the door a little further to claims of “reverse” discrimination in the case of Ames V. Ohio Department of Youth Services. The Court removed the requirement that plaintiffs claiming reverse discrimination must prove their claims with additional background circumstances that were not required for a traditional discrimination claim. 

Employers can now breathe a sigh of relief. The U.S. District Court for the Eastern District of Texas has struck down nationwide the Department of Labor's (DOL) Final Rule for raising the minimum salary threshold for employees exempt from overtime pay, also known as "white collar overtime exemption" or "EAP exemption." 

A Texas Court struck down the FTC's Rule banning noncompete agreements set to take effect on September 4th, 2024. The Court ruled that the FTC had overstepped its authority in implementing the Rule and further held that the Rule was overly broad because it provided no reasonable explanation for banning virtually all noncompete agreements. 

In a stunning move the same day the Department of Labor issued a rule raising the overtime salary threshold, the Federal Trade Commission issued its own long-gestating rule banning noncompete clauses nationwide. Employers should begin reviewing their contracts immediately to understand how this sweeping change will affect their workforce.

As summer approaches, many businesses will be thinking about hiring seasonal employees. Whether those are high schoolers looking for pocket change, college students in need of internship credits, or just more sets of hands to assist with the busy months, specific considerations need to be made for your seasonal workers to assure legal compliance.

Over the past two years, the letters “WFH” have become a familiar shorthand as more people than ever worked from home due to the COVID-19 pandemic. Now, though many employees are returning to their workplaces, many are choosing—or requesting—to continue their remote work configuration. One thing is clear—though working from home may have seemed like a temporary fix at the outset, it’s here to stay. Employers should consider reviewing and updating their policies to be better equipped for the continued presence of remote work and ensure continued success and safety.

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

In an unlikely 6-3 decision where Justices Barrett, Gorsuch, and Kavanaugh joined the three so-called “liberal justices,” the United States Supreme Court held on June 3, 2021, that a police officer did not violate the Computer Fraud and Abuse Act, 18 U.S.C. §1030(a)(2) (“CFAA”), by accessing a law enforcement database to retrieve information to commit a crime. This case may have far-reaching implications for companies that provide access to trade secrets and confidential information to employees, and it’s probably time for them to review their contracts and policies.