On December 22, 2022, Congress passed an omnibus spending bill that expands rights for pregnant and nursing workers: the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”). This bill was signed into law by President Biden on December 29, 2022. The…
In keeping with its recent trend towards a more employee-friendly stance, the NLRB recently issued McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), a decision in which it held that broad confidentiality and non-disparagement provisions in employee separation agreements are unlawful under the NLRA. Soon thereafter, the NLRB’s general…
Employers are often surprised to learn about the scope of the National Labor Relations Act (“NLRA”), because much of the NLRA applies to union organization and collective bargaining. Section 7 of the NLRA applies to nearly every non-supervisory employee in the U.S., both union and non-union, however, and it protects…
COVID-19 forced many employers to handle their hiring processes remotely. During the pandemic, the Department of Homeland Security (“DHS”) relaxed some of its otherwise-strict requirements regarding the I-9 Form. Whereas employers (or their authorized representatives) were previously required to inspect employees’ identity and work authorization documents in person before filling…
On May 10, 2023, Gov. DeSantis signed into law SB 1718, a sweeping immigration bill that will become effective on July 1, 2023. Among a number of other changes, this law creates new requirements for employers and strengthens the consequences employers may face for violating existing law. Employers may not…
With commercial bankruptcy filings trending upward in Tampa Bay, Lara Roeske Fernandez was quoted in the Tampa Bay Business Journal on April 25, 2023 discussing the trend and impact of inflation’s persistence longer than many businesses anticipated. “Business owners are finding themselves ‘squeezed on both ends’ as consumer spending slows…
A recent ruling by the National Labor Relations Board (the “NLRB” or “Board”) scrutinizing common terms found in separation agreements with employees is a reminder to employers that they should not recycle an old form of an agreement without consulting counsel regarding whether the form remains valid and whether it…
In an article published in the March 3, 2023 issue of Tampa Bay Business Journal, shareholder Patrick Causey discussed the Federal Trade Commission’s (FTC) proposed rule, which, if implemented, would ban non-compete agreements nationwide. With such a drastic rule change on the table, Causey explained why it is imperative that…
Amanda Newlon was quoted extensively in an article in the March 2023 issue of Healthcare Risk Management, discussing the need for healthcare providers to review their non-physician policies from the height of the COVID-19 pandemic. After non-physician practitioners, such as nurse practitioners or physician assistants, were given more autonomy during…
Trenam Shareholder John Goldsmith was featured in the Tampa Bay Business Journal cover story on February 17, 2023, discussing the Federal Trade Commission’s proposed restrictions on non-competes, which could release an estimated 30 million U.S. workers from restrictive contract and have a tangible effect on recruiting efforts. The proposal, which…
