On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document titled, “What You Should Know About DEI-Related Discrimination at Work.” The document is comprised of a series of Frequently Asked Questions (FAQs) that provide guidance on what workplace diversity, equity and inclusion (“DEI”) policies and programs may
Workplace Trends

The Department of Homeland Security Puts Employees (and Employers) on Notice – Some Workers Are Expected to Lose Authorization to Work in the United States
On March 25, the Department of Homeland Security announced its intent to terminate the Cuba, Haiti, Nicaragua, and Venezuela parole program in 30 days (April 24). The Biden-era CHNV program granted certain individuals from Cuba, Haiti, Nicaragua, and Venezuela lawful, non-citizen status allowing them to be present in the US for designated terms. Many…

Employers’ Game Plan for Managing March Madness at Work
As winter turns to spring, the NCAA men’s and women’s college basketball tournaments are in full swing. March Madness is often viewed as an excellent way to build team spirit in the workplace — a little friendly competition never hurts anyone … right?
Impact on Workplace Productivity
There is a stigma that March Madness detrimentally …
How To Prepare For And Navigate ICE Enforcement Actions
With the election of President Trump, we have begun to see the removal of undocumented aliens from the country. Many of our clients are seeing removal operations occurring in major cities being reported daily in the news. We have received numerous calls from clients who are concerned about the possibility of enforcement actions by ICE…
FTC’s Noncompete Ban Set Aside by Federal Court
On Tuesday, August 20, 2024, a federal judge in Texas set aside the Federal Trade Commission (“FTC”) Rule banning the use of noncompete agreements in employment, which was set to take effect on September 4, 2024. The judge held that the FTC exceeded its statutory authority in making the Rule, and that the Rule violated…
Political Discourse in the Workplace: Considerations for Employers
With a presidential election just around the corner, employers can expect to see an uptick in political discussions in the workplace, if they haven’t already. The days when coworkers typically refrained from discussing politics and religion have passed. However, what is permitted and required of employers with respect to politics in the workplace these days…
Federal Court Allows Ex-Teacher’s First Amendment Claim to Proceed to Trial
A jury will consider a former teacher’s (Mr. Moorehead) First Amendment claim against his former employer, a Pennsylvania School District (the “District”). The claim arose from Mr. Moorehead’s attendance at the “Stop the Steal” rally on January 6, 2021, and his subsequent separation from employment with the District.
Mr. Moorehead traveled down to Washington…
Supreme Court Imposes Tighter Standard for NLRB to Obtain Injunctive Relief
The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for evaluating the right to injunctive relief, and requires courts to analyze four factors before issuing a preliminary injunction to restrict…
McNees to Host 33rd Annual Labor & Employment Seminar
The McNees Labor & Employment team will host its 33rd Annual Labor and Employment Seminar next month. The seminar will cover a variety of topics focused on pressing and novel issues in labor and employment law.
The Seminar will be presented virtually on May 16, 2004. The in-person event will be held on May 17,…
FTC Bans Noncompete Agreements: What employers need to know about the FTC’s Noncompete Rule
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a Final Rule (the “Rule”) prohibiting the use of non-compete restrictive covenants (with a limited exception) throughout the United States as an unfair method of competition under the FTC Act. The Rule is set to become effective 120 days after it is published in the…