• Theresa Nelson
    Posts by Theresa L. Nelson
    Partner

    Theresa serves as Chair of the Firm's Labor and Employment Practice Group. Her practice focuses on representing clients in complex labor & employment, commercial, and general civil litigation. She has represented clients ...

Almost immediately after the Federal Trade Commission (FTC) issued its rule essentially banning non-compete agreements nationwide for all workers, the lawsuits started flying. One of the first cases filed was by Ryan, LLC (Ryan) in the Northern District of Texas on April 23. (Ryan LLC v. Federal Trade Commission, Case No. 3:24-cv-00986-E ...

With primary season well underway, and the general election approaching in November, it is important to know whether you are required to give employees time off to vote; And, whether that time off must be paid or unpaid. Currently, there is no federal law requiring employers give workers time off to vote. However, 30 states and the District of ...

On February 8, 2024, the United States Supreme Court released a unanimous opinion confirming that a whistleblower does not need to show their employer’s actions were made with “retaliatory intent” to be protected under the Sarbanes-Oxley Act. The Sarbanes-Oxley Act prohibits publicly traded companies from retaliating against ...

UPDATE (8/8/2023):  The Equal Employment Opportunity Commission issued the long-anticipated Proposed Rule to clarify the implementation of the Pregnant Workers Fairness Act (PWFA) (https://public-inspection.federalregister.gov/2023-17041.pdf).  The Proposed Rule is available for comments for the next 60 days, so the content is subject ...

In the age of social media, brand management, and on-line advertising, it is important to protect an employer’s ability to use content, photographs, videos and images created, captured and displayed on any medium or platform and internally. Do employers have the right to display images of employees? Do employers have to scrub all images of ...

As the holidays draw near this year, Kris Kringle aka Santa Claus may need to reconsider whether he has properly classified his elves as employees or contractors to avoid any wage and hour pitfalls. The question of whether a worker is an employee or a contractor under the Fair Labor Standards Act has seen some changes this year. The U.S. Department ...

By: Theresa Nelson & Liam McMillin

Like a cross off the foot of Megan Rapinoe towards the head of Abby Wambach, you expect the ball to find the back of the net. But, it’s still exciting and you cheer when it happens.

On Wednesday, the men’s and women’s U.S. national soccer teams announced they had come to an agreement with U.S. Soccer, the ...

By: Theresa Nelson & Liam McMillin

It was looking a little sketchy, but baseball is finally back. After a bit of a pause, the long-standing unofficial Cincinnati holiday of opening day is tomorrow when the Cincinnati Reds (and every Reds’ fan who scored a ticket) will step into Great American Ball Park to kick off the 2022 season.  After a 99-day ...

In February 2022, the Equal Employment Opportunity Commission filed a lawsuit in the Southern District of Iowa against Walmart alleging violations of Title VII of the Civil Rights Act for sex and race discrimination. The race discrimination claim is based on the allegation that the employee, who is Black, was provided an “unsanitary storage ...

On September 9, 2021, President Biden announced a new plan to combat the on-going COVID-19 pandemic that caused many employers to sit up and take notice. President Biden’s plan seeks to get more Americans vaccinated by implementing various mandatory vaccination and testing requirements.

If an employer hasn’t implemented a mandatory ...

For almost a year, COVID-19 has wreaked havoc on the world, the economy, and fundamentally altered the traditional workplace. Offices are empty. Theatres, concert venues and airports are eerily vacant. Coffee shops, restaurants and bars are either closed, don’t allow customers to dine on-site or have limited seating. Entire industries ...

As a result of COVID-19 restrictions limiting in-person dining and shopping, many restaurants and shops are offering customers the opportunity to receive food and goods via delivery. Whether you are a traditional restaurant offering delivery (such as pizza, sandwiches or other carry-out), or new to the delivery scene because of COVID-19 ...

On August 10, 2020, the Centers for Disease Control (CDC) updated recommendations for anyone traveling within the United States and internationally by scaling back the previous recommendation that all travelers self-quarantine for two weeks.  The CDC cautioned that there is ongoing transmission of COVID-19, that exposure from traveling ...

COVID-19 has demanded every employer’s immediate and on-going attention. Because of the pandemic, employers may not have paid particular attention or evaluated existing policies to ensure they comply with a recent decision by the United States Supreme Court. Specifically, on June 15, 2020, the United States Supreme Court released Bostock ...

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