A supersized harassment settlement highlights the extra care employers must take when employing minors

How bad must sexual harassment be for an employer to settle a harassment case for $2 million? This bad.

AMTCR—the owner of 18 McDonald's franchises across California, Nevada, and Arizona—will pay $1,997,500 to resolve a sexual harassment lawsuit filed by the EEOC.

WIRTW #655: the “FTC did WHAT?!?!” edition

Yesterday, the FTC broke the employment law internet when it announced a Notice of Proposed Rulemaking that, if it takes effect, would ban all employment-related non-compete agreements on a national level.

The proposed rule, on which the FTC will accept comments for the next 60 days, would—

• Provide that noncompete clauses are an unfair method of competition, and, as a result, would ban employers from entering noncompete clauses with their workers, including independent contractors; and

• Require employers to rescind existing noncompete clauses with workers and actively inform their employees that the contracts are no longer in effect.

The FTC is also soliciting opinions on certain key issues, such as whether senior executives should be exempted from the rule, or subject to a rebuttable presumption rather than a ban; and whether low- and high-wage workers should be treated differently.

The agency has published a wealth of information, including the proposed rule itself and a fact sheet.

I have serious questions, specifically as to how a federal agency can enact a rule such as this, and whether a change of this magnitude must be enacted by law and not regulation. To me, this rule would go well beyond the FTC's rulemaking authority. Expect litigation to be filed in a business-friendly court, and for the Supreme Court to have the final say on this important issue. It is certainly far from a done deal that this proposed regulation will ever take effect. So keep those noncompete agreements in place, at least for now.

Here's what else I read this past week that you should read, too.

While I was away, Congress pumped life into workplace rights of pregnant employees and new moms

Two laws — the Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act — took effect when President Biden signed the Consolidated Appropriations Act just before Christmas.

Just because the law may not require first aid training in your workplace doesn’t mean it’s not a good idea

There is no law or regulation that requires employers to have a person or persons trained to provide first aid in the workplace. Instead, OSHA's standards (here and here) merely require that an employer ensure prompt first aid treatment for injured employees, either by ensuring that emergency treatment services are within a reasonable proximity of the worksite, or by providing for the availability of a trained first aid provider at the worksite. 

Do you know what to do when an employee suffers a severe accident at work?

It was like nothing we've ever seen in a televised sporting event … and hope we never see again. 

During last night's Monday Night Football game, 24-year-old Bills safety Damar Hamlin suffered a cardiac arrest while making a hard but routine tackle. He received CPR on the field for 10 minutes in front of his teammates and a full stadium of fans before being transported by ambulance to a local hospital. Those 10 minutes almost certainly saved his life. He is currently sedated and listed in critical condition. We all continue to pray for his health and recovery.

Do you know what to do if one of your employees suffers a severe accident on the job?

’Twas the Employment Law Night Before Christmas (2022 edition)

In what has become an annual tradition for my final post of the year, I bring you the holiday classic, 'Twas the Employment Law Night Before Christmas … tweaked for 2022. 

As has been the case in years past, you can read my tale below. This year, however, you also get my holiday present of a download in booklet form, should you so choose.

To all of my readers, connections, and followers, new and legacy, thank you all for reading, commenting, and sharing throughout the year. Please have a happy and, most importantly, healthy and safe holiday season. I'll see everyone on January 3, 2022, with fresh content to kick off the new year.

Announcing the WINNER of the Worst Employer of 2022

The votes have been counted … and in the end it wasn't all that close. The WINNER of The Worst Employer of 2022 is

The Murder Enabler