April 06, 2023

Labor and Employment Newsletter

3 min

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.


Ticktock It's Time to Be Real About Social Media in the Workplace: How Institutions of Higher Education Can Develop Social Media Policies

Debates concerning the pros and cons of social media usage are not new, but have recently resurfaced with more fervor, gaining attention at the national level. The renewed focus on social media usage may serve as a reminder for Institutions of Higher Education ("IHEs") to develop social media policies dedicated specifically to its role in the workplace. Having up-to-date policies and procedures about employee use of social media helps to ensure that confidential information remains secure, that employees meet reasonable expectations when engaging in activity online, and that IHEs are compliant with applicable law.

Third Circuit Rules that PTO Is Not Part of FLSA Salary

On March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee's salary for purposes of the Fair Labor Standards Act (FLSA). In Higgins v. Bayada Home Health Care Inc., the Third Circuit upheld the partial grant of summary judgment by the U.S. District Court for the Middle District of Pennsylvania in favor of the employer, Bayada Home Health Care (Bayada), finding that Bayada's deductions from FLSA-exempt employees' accumulated PTO was not an improper deduction from their salary under the FLSA.

New Illinois "Any Reason" Paid Leave Law Takes Effect January 1, 2024

On March 13, 2023, Illinois Governor J. B. Pritzker signed the Paid Leave for All Workers Act (the Act). The Act is the first statewide paid leave law in Illinois; it mandates paid leave "for any reason" for employees. The new Act, including the leave accrual requirements, will take effect on January 1, 2024. Illinois employers should review their current policies and procedures for compliance.

Attorney Spotlight

Rebecca LeeRebecca Lee: Employers should periodically review their form documents, including severance agreements, confidentiality agreements, and arbitration agreements. State and federal laws are constantly shifting, and up-to-date forms will help employment agreements survive legal challenges. For example, non-disparagement clauses are increasingly disfavored, and some states now mandate that non-disparagement clauses contain written carve-outs. Employers should consult with their employment counsel to ensure that all documents are current.

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.