Author: Nick Pappas

Since coming into office a little over four months ago, the Trump Administration has placed businesses on notice that it views certain actions intended to promote diversity, equity and inclusion (“DEI”) in the workplace as suspect and in violation of the anti-discrimination mandates of Title VII of the Civil Rights Act of 1964.  Employment lawyers have been busy helping their...

As many of us review our busted brackets ahead of this weekend’s Final Four match ups, universities across the country are preparing for the imminent changes to the rules governing name, image, likeness[1] (“NIL) payments to student-athletes, including whether the immigration laws permit international student-athletes to receive such compensation. The National Collegiate Athletic Association (“NCAA”) historically has prohibited its member...

Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. We will refer to these technologies as “AI Systems.”  Recent reports indicate that 99 percent of Fortune 500 companies...

In the United States a complex interplay of federal, state, and local statutes, rules, and regulations has always shaped employment law.  Politics and elections also play an important role in influencing the enactment and enforcement of the nation’s employment laws.  With the imminent shift from the administrations of Joseph Biden to Donald Trump, employers can expect a new direction and...

Employers who wish to enter into non-compete agreements with their employees breathed a collective sigh of relief on August 20, 2024, when a federal district court struck down the Federal Trade Commission’s (“FTC”) new nationwide ban on non-compete agreements (the “Non-Compete Rule” or “Rule”).  Although for now the Federal Trade Commission Act does not prohibit the use of non-compete agreements,...

When an employer disciplines its employees, let’s say for unsatisfactory performance or misconduct, employees sometimes respond with accusations that the discipline illegitimately occurred in retaliation for conduct protected by law.  For example, an employee may claim that the employer imposed discipline due to the employee’s previous expression of a concern relating to the employer’s compliance with law in conducting its...

For decades employers have sought to promote diversity in their workforces.  In recent years, employers have expanded these efforts by establishing policies and practices commonly referred to as diversity, equity and inclusion (“DEI”) programs. Employers have multiple objectives for adopting and maintaining DEI programs.  Some do so in connection with their obligations as government contractors to pursue the goals of...

Winter weather brings renewed attention to seasonal vaccines—and to employers’ interest in encouraging employees to remain healthy and productive, including potentially through efforts to require or incentivize workers to be vaccinated. While not as widespread today as they were during the pandemic, such rules and incentives trigger legal obligations to provide reasonable accommodations to employees who assert that vaccinations contravene...

A first-in-the-nation law that creates new legal protections for temporary workers recently took full-effect in New Jersey, despite opposition from the business community, a conditional veto by the governor and a legal challenge in federal court.  The New Jersey Temporary Workers’ Bill of Rights (the “Act”) provides new protections for temporary workers in certain occupations and enhanced administrative oversight and...

In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. Some states enacted affirmative legal protections for patients and providers (e.g., Colorado, Illinois, and Minnesota) while others sought to restrict or prohibit...