Fortis Blog

By Leni Plimpton Employers: Does your company regularly provide employees with severance agreements? If so, it is critical to be aware of changing labor laws and review your severance and separation agreements accordingly.  Recently, the National Labor Relations Board overruled two of the previous Board’s decisions from 2020. In McLaren Macomb, issued February 21, 2023, the Board imposed strict requirements on employers, holding that it is unlawful to even present

By Leni Plimpton The US Department of Justice has recently reached another penalty deal concerning biased job advertisements. This development sheds light on the pervasive issue of discrimination based on citizenship status, reinforcing the importance of adhering to the principles set forth in the Immigration and Nationality Act (“INA”) and Title VII of the Civil Rights Act of 1964. Enacted in 1952 and amended many times since, the INA was

By Leni Plimpton In March this year, the federal Equal Employment Opportunity Commission (“EEOC”) issued its annual performance report. The EEOC pointed to a “significant increase” in the number of charges filed in the 2022 fiscal year compared to the prior year—about a 20 percent spike. According to agency data, 2021 was a low point in filed charges, with only about 61,000 filed. In comparison, there were about 91,500 charges

By Liz Hartsel What is the PUMP Act?  The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) establishes nationwide protections for employees who need to express milk for nursing children at work.  Although President Biden signed it into law in late December 2002, requirements for compliance have been rolled out in phases to allow employers time to prepare. However, as of April 28, 2023, all employers are expected

By Liz Hartsel On February 21, 2023, the National Labor Relations Board (NRLB) issued a decision that confidentiality and non-disparagement agreements in employment severance agreements may be deemed unlawful under the National Labor Relations Act (the “Act”) if they interfere with an employee’s right to discuss working conditions as guaranteed by Section 7 of the Act. In McLaren Macomb, 372 NLRB No. 58 (2023), the NLRB determined that simply offering a separation agreement with