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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.
Updates
Equal Employment Opportunity Commission Issues New Guidance on Workplace Harassment
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finally published its updated guidance on workplace harassment, formalizing the EEOC’s position regarding additional protections for employees. The EEOC expanded the list of protected characteristics to include color and genetic information, and clarified that sexual orientation, gender identity, pregnancy, childbirth, and related medical characteristics are all included within “sex” as a protected characteristic.
Maryland’s 2024 Legislative Session Brings Substantial New Obligations for Employers
The Maryland General Assembly recently adjourned for the year, but not before legislators enacted changes to Maryland employment law. The new compliance obligations required by these changes are summarized below.
More Money, More Problems for Collegiate Athletics?
The ball keeps rolling on potentially big compensation for college athletes. In a landmark proposed settlement (Settlement), the National College Athletics Association (NCAA) and the Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pac-12 Conference, and Southeastern Conference (collectively, the Power Five Conferences) have agreed to pay a class of former NCAA student-athletes $2.8 billion to settle the consolidated antitrust case, House v. NCAA. The Settlement payment compensates certain former collegiate athletes for income they allege they should have received between 2016 and 2020 and will be paid out over 10 years by the NCAA and the athletic conferences (including smaller conferences that are not part of the Power Five Conferences). While the Settlement’s $2.8 billion payout is a massive number, it is not even the biggest news from the Settlement. Under the Settlement, Division I schools will be allowed to establish a revenue-sharing framework beginning in fall 2025, for up to $20 million of sports revenue per year to be paid directly to athletes.
The List of States Regulating Non-Disclosure Provisions Continues to Grow
From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures. At times, the workplace has been its epicenter, after being plagued by recurrent issues due to power dynamics, fear of retaliation, and a culture of silence. How organizations have tried to address or contain these problems—typically through non-disclosure provisions in settlement agreements—has become a source of controversy and has drawn the ire of legislatures around the country.
Tip of the Month
Sandy Schlesinger: Employers should remain apprised of existing and anticipated legal challenges to the Federal Trade Commission's national non-compete ban and the Department of Labor's new worker classification and overtime rules. At the same time, employers should review their employment and restrictive covenant agreements, their workers' classification and exemption status, and other related documents and policies, to assess compliance with the new laws. Venable's Labor and Employment team is actively monitoring these new laws and helping employers make strategic and practical decisions to address them.
About the Labor and Employment Group
The national, 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.