Foulston Employment Law Blog

The Pregnant Worker’s Fairness Act (“PWFA”) goes into effect today, June 27, 2023. The PWFA was added to the spending bill and enacted at the end of 2022 without much fanfare. But don’t be fooled by its quiet passage — the PWFA contains important protections for pregnant workers. Employers are already familiar with the Pregnancy… Continue reading Pregnant Worker’s Fairness Act Effective Today

You’ve probably heard the old proverb about being “penny wise and pound foolish.” But here’s a case about an employer who was “penny foolish.” The story, as alleged in a Department of Labor (“DOL”) Complaint, begins with an employee who did not receive his final paycheck after quitting his job at an auto shop. So,… Continue reading “Penny Foolish” Employer Ordered to Pay Back Wages

On June 13, 2023, the National Labor Relations Board (“NLRB”) overruled a Trump-era decision and brought back the Obama-era 10-factor test that makes it easier for workers to show they are employees, not independent contractors, and thus subject to the protections of the National Labor Relations Act. In the Trump-era ruling, the Board determined that… Continue reading NLRB Revives Old Independent Contractor Test

Chaos theory, in physics, is the concept that systems rely upon an underlying order and are sensitive to initial conditions. As a result of this sensitivity, a small error or imprecision in the initial conditions grows over time at an enormous rate. Thus, two nearly identical sets of initial conditions for the same system may… Continue reading Chaos Theory, “the Slows,” and Human Resources

On May 1, 2023, the Biden Administration announced it will end COVID-19 vaccination requirements for Federal employee, contractors, and Medicare- and Medicaid-certified providers and suppliers. In rolling back the vaccination requirements, the Biden-Harris Administration recognized the vaccine’s success in combating COVID-19 but acknowledged that times have changed since the roll out of the vaccination requirements.… Continue reading COVID-19 Vaccination Requirements for Federal Employees, Contractors, and CMS-Certified Providers Will End

Some employers offer severance agreements to employees upon termination, waiving employees’ rights to potential employment claims in exchange for a few weeks or months’ salary. Many of those agreements also include broad non-disparagement and confidentiality provisions. In light of the National Labor Relations Board’s (“Board”) recent decision, those agreements will likely need to be revised… Continue reading NLRB Rulings Brings Changes to Severance Agreements

In a recent 6-3 decision, the U.S. Supreme Court affirmed the Fifth Circuit’s holding that a highly paid oil rig worker who earned more than $200,000 per year was not exempt from the FLSA’s overtime requirements because he was paid a day rate and not a guaranteed salary. Background From 2014 to 2017, Michael Hewitt… Continue reading Supreme Court Affirms Ruling That Highly Paid, Day-Rate Workers Are Eligible For Overtime

Any person who has nursed an infant knows the time and energy that goes into breastfeeding. Working and nursing mothers need workplace accommodations to allow time, space, and grace to express milk during the workday. The federal government addressed that need in a new law.  President Biden recently signed into law the Providing Urgent Maternal… Continue reading The 2022 PUMP Act

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

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