Other employment law issues

All-embracing invention assignment clauses are unlawful in NY State …

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In 2023 the National Labor Relations Board (NLRB) adopted a definitive rule on employment relationships with two or more organisations …

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Under the Corporate Transparency Act (CTA) certain companies operating in the USA must report on persons owning, directly or indirectly, 25% or more of any class or category of profit ownership in a business, or who have (or may assert directly or indirectly) “substantial control” over a business – including “fractional executives” …

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Employer sponsored meetings The Employee Free Choice Act (SB 5778), which will go into effect on 6th June 2024, has made Washington the sixth State in the nation to prohibit employers from disciplining or firing employees when the worker chooses to perform their normal core job duties instead of listening to their employer’s speech on political or religious matters …

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The New York Warehouse Worker Protection Act  requires employer disclosures on mandated work speed and quotas …

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The USA is operating a system of withhold release orders (WROs) under “Forced Labour Supply Chain” due diligence requirements …

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In order to ensure that they accommodate employees who suffer domestic violence every employer should have in place a policy that is recognised and applied throughout its operations …

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◉ Relevant Law(s)  Federal Arbitration Act (1925) (FAA) + State Laws …

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The term “human rights” in America is sometimes trivialised and frequently refers to any social right, including freedom from maternity discrimination and the right to take sick leave …

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Under federal law, employers have a right to use employee-developed technology, provided the employee was either specifically hired to invent and/or the invention was discovered/developed during their working time, using their employer’s facilities, information, time and equipment …

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◉ Class action waivers The Federal Supreme Court ruled during 2018 on two separate but highly important cases relating to the issue of mandatory arbitration and class actions …

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Although many US government departments and agencies have issued guidelines interpreting legal requirements in different circumstances their status has now been demoted by the Department of Justice. They may no longer be regarded by the courts as an extension of the law. They illuminate a situation facing employers – but only statute and legal precedent have binding legal effect. This has major implications for employers in respect to the “fair employment” law, wage and hour requirements, the payment of Interns, discrimination by government contractors and the Affordable Care Act.

Many laws protecting whistleblowers from victimisation and other forms of adverse treatment apply only to federal employees or those working for federal contractors …

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The right to carrying of concealed firearms is an issue which varies from state to state …

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