Last week the Federal Trade Commission (“FTC”) proposed a new rule that, as drafted, would ban noncompete clauses in the employment context and void those currently in effect. Noncompete agreements are agreements that restrict an employee’s ability to work in their industry for a certain amount of time in a certain geographic location following separation… Continue reading FTC Issues Proposal to Ban Noncompete Agreements
Holidays Can Be Stressful, but Your Holiday Policy Shouldn’t Be
The winter holidays mean time off from work to celebrate with family and friends. But for many people, the holidays are filled with tension. Although the holidays themselves can be exhausting and stressful, your holiday policy should provide a sense of clarity and relief—not anxiety. Which Holidays to Observe? Under federal law, and for Kansas,… Continue reading Holidays Can Be Stressful, but Your Holiday Policy Shouldn’t Be
Employer Implications for Missouri’s Legalization of Recreational Marijuana
On November 8, Missouri residents voted to adopt “Amendment 3,” which would amend the Missouri Constitution to legalize recreational marijuana. Amendment 3 goes into effect on December 8. In addition to legalizing recreational marijuana, Amendment 3 brings changes to Missouri’s medical marijuana law, which was adopted in 2018. Recreational Marijuana Missouri employees are now able… Continue reading Employer Implications for Missouri’s Legalization of Recreational Marijuana
EEOC Overhauls “Know Your Rights” Poster
In mid-October, the EEOC released its “Know Your Rights – Workplace Discrimination is Illegal” poster to replace the previous “EEO is the Law” poster. The new poster is available on the EEOC’s home page at eeoc.gov, or under the employers/small business tab. The updated poster includes straightforward language and formatting, and: a QR code that… Continue reading EEOC Overhauls “Know Your Rights” Poster
Federal Court in Texas Rolls Back LGBTQ Rights Outlined in EEOC Guidance
In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that discrimination based on sex included discrimination based on sexual orientation and sexual identity. Notably, the Court did not address whether its ruling would have any impact on workplace rules governing pronoun usage, bathrooms, locker rooms, and dress codes. In 2021, the Equal… Continue reading Federal Court in Texas Rolls Back LGBTQ Rights Outlined in EEOC Guidance
Break the Chain to Defeat a Retaliation Claim
The U.S. Court of Appeals for the Tenth Circuit, which has jurisdiction over Kansas and several other states, recently ruled that an employer’s independent review processes defeated a plaintiff’s claim of FMLA retaliation. Employers should take note and consider whether their internal processes to review discipline and termination might help head off retaliation claims. The… Continue reading Break the Chain to Defeat a Retaliation Claim
Kansas Teacher Receives $95,000 Settlement after Suspension for Refusing to Use Student’s Preferred Name and Pronouns
Can an employer mandate that its employees address their colleagues, customers, or students by their preferred names or pronouns? That is the million-dollar question. Or in the case of a Kansas middle school teacher who refused to use a student’s preferred name and pronouns due to her religious beliefs—the $95,000 question. Read below to get… Continue reading Kansas Teacher Receives $95,000 Settlement after Suspension for Refusing to Use Student’s Preferred Name and Pronouns
Foulston Employment Attorneys Recognized in Best Lawyers
Twenty members of Foulston Siefkin LLP’s Employment and Labor Law Practice Group have been selected for inclusion in the 2023 Edition of The Best Lawyers in America®. Best Lawyers honors attorneys whose peers recognize their reputation and professional experience in a practice area. The following attorneys have been recognized as the Best Lawyers in employment law.… Continue reading Foulston Employment Attorneys Recognized in Best Lawyers
Federal COVID-19 Vaccine Mandates: Where Are We Now?
Last fall, many employers were furiously drafting mandatory COVID-19 vaccine policies. With the back and forth of court challenges and appeals, many of those policies were left in a state of limbo. Here is an update on the status of some of those vaccine mandates. Federal Contractor Vaccine Mandate On August 31, 2022, the Biden… Continue reading Federal COVID-19 Vaccine Mandates: Where Are We Now?
DOL Enforcement Actions Highlight Three Categories of Child Labor Protections Every Employer Working with Young Teens Should Know
With labor shortages leaving fast food and other lower-wage work environments short-staffed, many businesses are relying more heavily on teenage staff to fill the void. But employers must be aware of applicable child labor laws, which aim to protect the minor’s health and safety and to avoid interfering with the minor’s education. Employers should keep… Continue reading DOL Enforcement Actions Highlight Three Categories of Child Labor Protections Every Employer Working with Young Teens Should Know
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