In a recent decision, the Eleventh Circuit Court of Appeals addressed Florida's controversial "Stop WOKE" Act, which sought to limit mandatory employer-led training on topics deemed objectionable by the state, specifically those related to discrimination, diversity, equity, and inclusion.
The court's ruling struck down these provisions, emphasising the paramount importance of the First Amendment and its protections against content and viewpoint discrimination.
This decision reaffirms employers' right to conduct mandatory training sessions on a wide range of topics, including sensitive issues surrounding diversity and inclusion, without fear of punitive action from the state.
On 8 February 2024, the U.S. Supreme Court decided on whistleblower protections under the Sarbanes-Oxley Act of 2002.
The case clarifies the standards for proving retaliation against whistleblowers in publicly traded companies.
The Supreme Court clarified that whistleblowers are required to show that their protected activity contributed to the adverse employment action without the need to demonstrate retaliatory intent on the employer's part.
On 10 January 2024, the U.S. Department of Labor published a final rule on employee or independent contractor status under the Fair Labor Standards Act (FLSA).
On 17 November 2023, the New York Governor signed Bill S4516 into law.
It amends Section 5-336 of the New York General Obligations Law with immediate effect and further restricts the use of nondisclosure agreements concerning the resolution of employment discrimination, harassment, and retaliation claims.
It applies to all agreements signed or entered into after 17 November 2023.
On 30 October 2023, President Biden issued an executive order on the safe, secure, and trustworthy development and deployment of artificial intelligence (AI), aiming to set out general standards governing the use and development of AI across industries.
It stresses the importance of using AI safely and responsibly and advancing a coordinated, Federal Government-wide approach.
On 19 October 2023, the U.S. Equal Employment Opportunity Commission reached an agreement with the American company Dollar General, ending litigation started in 2017 for alleged violations of genetic and disability laws (EEOC v. Dolgencorp, LLC., Case No. 2:17-cv-01649-MHH) in the United States District Court for the Northern District of Alabama.
The Commission alleged that the Company required disclosure of a family member's medical condition during the pre-employment medical examination and used selection criteria that excluded qualified applicants with disabilities.
On 15 September 2023, the New York City Department of Consumer and Worker Protection amended the rules governing the city's Earned Safe and Sick Time Act (ESSTA), which requires employers to provide safe and sick leave to eligible employees working in New York City in an amount depending on employer size.
The new rules provide essential clarifications and guidelines to comply with the Act, including how to determine the employer's size and count remote workers in light of increasing digitisation.