Tuesday, July 25, 2023
By: Tate Thompson and Curry Sexton In a June memo released by the Office of the Internal Revenue Service (IRS) Chief Counsel, the IRS announced its position that, in most cases, it does not believe name, image, and likeness (NIL) collectives qualify as tax-exempt organizations under the Internal Revenue Code (IRC). Although not legally binding, […]
Monday, July 10, 2023
By: Katie Conklin On June 29, 2023, the U.S. Supreme Court issued a unanimous opinion in Groff v. DeJoy, raising the standard for determining when a religious accommodation constitutes an “undue hardship” for an employer. Under the decision, an employer may only deny an employee’s request for religious accommodation if the accommodation would create a […]
Monday, June 19, 2023
By: Cody Weyhofen, John Vering, and Mark Opara On June 13, 2023, the National Labor Relations Board (the “Board”) issued a decision revamping the test to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act (the “NLRA”). As a result, workers previously categorized as independent contractors may […]
Friday, April 14, 2023
By: Katie Conklin and Cody Weyhofen As we explained in our previous client alert, on February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that confidentiality and non-disparagement provisions typically found in severance agreements are unlawful if they interfere with an employee’s Section 7 rights […]
Monday, March 27, 2023
By: Katie Conklin and John Vering The U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) recently published guidance concerning the Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA). As we explained in our previous client alert, the PUMP Act, effective April 28, […]
Friday, March 3, 2023
By: Curry Sexton, Brenda Hamilton, and Mark Opara In early January, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from entering into noncompete agreements with workers and require employers to rescind existing noncompete agreements. Fast forward one month, and a bipartisan group of United States Senators has introduced legislation that […]
Thursday, March 2, 2023
By: Cody Weyhofen and Katie Conklin On February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023) that confidentiality and non-disparagement clauses typically found in severance agreements are unlawful if they interfere with an employee’s Section 7 rights under the National Labor Relations Act (the “NLRA”) […]
Thursday, February 16, 2023
By: Tate Thompson and Curry Sexton As of January 1, 2023, the National Collegiate Athletic Association (“NCAA”) is applying a new standard of review in investigations pertaining to potential violations of its name, image, and likeness (“NIL”) rules.
Wednesday, January 11, 2023
By: Tate Thompson and Curry Sexton The push for collegiate athletes to be classified as employees recently took a significant step forward. As we discussed in October 2022, there are several ongoing legal battles related to the issue of collegiate athletes’ employee status, including:
Friday, January 6, 2023
By: Curry Sexton, Brenda Hamilton, and Mark Opara The Federal Trade Commission (FTC) recently proposed a new rule that would ban employers from entering into non-competes with workers and require employers to rescind existing non-competes. The FTC is seeking public comment on the proposed rule, which is based on a preliminary finding that non-competes constitute […]