Donna M. Ballman, P.A.

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I know. I know. I keep saying there’s no such thing as free speech at work. But while you workers don’t have First Amendment protection in private workplaces, private employers do. Because corporations are “people” too. The distinction: the First Amendment prohibits restrictions on speech by government, not by individuals or corporations.Confused yet? Well, I’m

 EEOC has issued a guidance to assist workers with visual disabilities regarding their workplace rights. This guidance discusses:

  • when an employer may ask an applicant or employee questions about a vision impairment and how an employer should treat voluntary disclosures;
  • what types of reasonable accommodations applicants or employees with visual disabilities may need;
  • how an

 The NLRB General Counsel is taking the position that noncompete agreements in employment and severance agreements violates the National Labor Relations Act.Non-compete provisions are overbroad, that is, they reasonably tend to chill
employees in the exercise of Section 7 rights, when the provisions could reasonably be
construed by employees to deny them the ability to

In a total game-changer, the NLRB has ruled today that, where an employer commits unfair labor practices before a union election, the union is automatically recognized and the employer must bargain. It doesn’t appear to apply to every unfair labor practice in every election. But it will force employers to behave better before union elections or

The Pregnant Workers Fairness Act is now in effect, as of June 27, 2023. It applies to most employers with 15 or more employees. It requires employers to grant reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related medical conditions.EEOC has provided details on what is required:Covered employers cannot: 

  • Require an employee