Employment Law Bulletin

A Monthly Report On Labor Law Issues

Volume XXXXI, Issue 5

In this issue: This newsletter highlights the dangers of off-the-clock work and the legal implications for employers who fail to pay employees for unauthorized work. The newsletter also mentions the Department of Labor's requirement for federal contractors to create and maintain written affirmative action plans. We also explore a recent New York federal court ruling that applies the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) very broadly, rendering an entire arbitration clause unenforceable in cases involving viably pled sexual harassment disputes. And finally, the newsletter highlights how employers who use severance agreements with broad confidentiality and non-disparagement provisions may want to consider adding disclaimers that these provisions will not be enforced in a manner to restrict employees from engaging in any rights guaranteed under the National Labor Relations Act.