Heidi T. Sharp’s Post

This is what happens when you are allowed to forum shop. All challenges to agency rulings or decisions should have to go through the DC circuit. In the meantime, if you have been asked to sign a noncompete or currently have one and want to know where you stand feel free to reach out to discuss.

One of the Labor and Employment Section's premier events of the year - hope you can join us!

I enjoyed connecting with old friends and meeting new ones at the Michigan Association for Justice summer convention in GR last week.

Happy to share my thoughts with Fox2 about the new FTC ban on noncompetes. The Sharp Firm, PLLC

Today is a historic day in the rights of workers - the FTC voted to ban noncompetes against most workers. While it will be at least 120 days before this goes into effect, and certain industries are not included in this ban, it will undue unnecessary, unfair constraints placed on employees by past employers. Banning noncompetes will encourage important competition in the marketplace that will lead to higher wages, better quality employees, more training and prohibit corporation's wrongful hold on former employees. It will ensure that employees can seek and earn a living in areas where they have training and experience and are not unduly burdened or restricted without getting additional compensation for what they have been forced to give up. https://lnkd.in/g8RpHBCJ

To all the HR folks out there, remember you have rights too!

Our fourth takeaway from last week's ICLE Labor and Employment Law Institute: Procedural Tips for Practitioners and Complainants: - Charge Filings: When filing at the EEOC, ensure that your Charge includes a short summary of each of your claims and that all boxes are checked for each type of claim you are alleging. If the boxes are not appropriately checked, you may be precluded from bringing your claim in court later. - Be Aware of Statute of Limitations: Review employment files for shortened statute of limitations, get to the EEOC on time and be mindful of deadlines for filing in federal court. - Did the employee sign an arbitration agreement? If so, employers must avail themselves of arbitration at the first opportunity to respond to the case. - Carve Out to Arbitration Agreements: The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA) prohibits mandatory arbitration of claims for sexual harassment or sexual assault. Be prepared to tell the court why your matter should/should not be governed by an arbitration agreement. There is alot of litigation on the enforceability of arbitration agreements in the employment area so more updates coming soon! Maria Fracassa Dwyer The Sharp Firm, PLLC Clark Hill Law

The second in our Top 5 Takeaways from the ICLE Labor and Employment Law Institute last week, with a hot off the press update from the EEOC: How do you manage obligations and/or ask for protections under the Pregnant Workers Fairness Act (PWFA)? ·     Who is eligible? Any employee or applicant (think future employee) who works for a covered employer (including private and public sector employers with at least 15 employees). In addition, and unlike FMLA (Family and Medical Leave Act) there is no waiting period for eligibility or hours worked requirement.   ·     What new protections does the PWFA grant employees? The PWFA prohibits employers from discriminating or retaliating against employees and job applicants based on their need for a reasonable accommodation. Even if an employee or applicant cannot perform the essential functions of their job, the person is still qualified so long as: the inability is: temporary; can be performed in the near future; and, can be reasonably accommodated.   ·     The PWFA places more responsibility on employers to provide reasonable accommodations to pregnant and postpartum employees. Additional considerations for an employer’s ‘undue hardship’ test including accommodations the PWFA will always consider ‘reasonable.’ This ensures that pregnant employees receive the same level of protection and support as other employees who have temporary medical conditions. ·     The EEOC released its final rule and interpretative guidance just yesterday. The rule is effective June 18, 2024. The EEOC’s summary of the final rule is linked here: https://lnkd.in/gGU3gGWT Take Away: If you are pregnant or postpartum and need an accommodation, tell your employer!  Maria Fracassa Dwyer Clark Hill Law The Sharp Firm, PLLC Institute of Continuing Legal Education─MI

First tip is up! Check back tomorrow for more.