BW INSIGHTS

Non-Compete Agreements Facing Additional Challenges

By Danielle Smid | 06.06.2023
On May 24, 2023, Governor Walz signed into law a significant change to the enforceability of employee covenants not to compete. In any employment agreement entered into on or after July 1, 2023, post-employment covenants not to compete will be void and unenforceable. Iowa employers conducting business with Minnesota employees, including remote... Read More

EEOC Provides Guidance on Employers Using AI in the Workplace

By Danielle Smid | 05.24.2023
The convenience and efficiency of utilizing Artificial Intelligence (“AI”) to hire employees, observe performance, and make decisions about pay and promotion opportunities could run your business into issues with Title VII, if the employer does not have sufficient oversight measures in place to monitor these tools effects. On May 18, 2023, the... Read More

NLRB Returns to Previous Precedent for Employee Severance Agreements

By Danielle Smid | 03.30.2023
On February 21, 2023, the National Labor Relations Board (NLRB) issued a decision in McLaren Macomb, returning to previous precedent holding that employers may not offer employees severance agreements that require employees to broadly waive their rights under the National Labor Relations Act (NLRA). The decision involved severance agreements... Read More

No More Non-Competes? What Pending Laws May Mean for Employment in Iowa

By Danielle Smid | 02.23.2023
There’s a good chance that if you’re reading this, you’re currently subject to a non-compete provision. Non-compete provisions or agreements are notorious in that they have a complicated and long history within labor and employment law. For instance, in England circa 1414, an apprentice promised to refrain from practicing his trade for 6 months in... Read More

NLRB Proposes Expanded Definition of Joint Employer Status

By Danielle Smid | 10.31.2022
In an attempt to tackle uncertainty and litigation in a progressively complex world of employment relationships, the National Labor Relations Board (NLRB) recently proposed a new rule for determining joint-employer status. On September 6, 2022 the NLRB released a notice proposing to rescind and replace the “Joint Employer Status Under the National... Read More

Employee Retention During the Great Resignation

By Danielle Smid | 08.19.2022
In late 2020 and early 2021, employees began voluntarily exiting their jobs at unprecedented numbers in what has been coined “The Great Resignation,” “The Big Quit,” and “The Great Reshuffle.” In 2021, a record average of 4 million workers quit their job each month, surpassing the 3.5 million record set in 2019. This phenomenon has left employers... Read More

Addressing Burnout in the Workplace

By Danielle Smid | 08.05.2022
Workplace burnout has become a significant concern in recent years. The COVID-19 pandemic has changed the working world’s expectations on how to prevent and address workplace burnout. The flexibility of working from home and employees reassessing their idea of a work-life balance has left employers that are unwilling to adapt, in the dust. The... Read More

Rights as a Transgender Person in the Workplace

By Danielle Smid | 06.22.2022
It is not always clear what rights you have in the workplace as an employee. This task becomes more challenging when your rights have been a topic of controversy in the media. To provide clarity on this matter, we have provided explanations for the workplace rights transgender people have in Iowa. The Iowa Civil Rights Act prohibits discrimination... Read More

The COVID-19 Vaccine Mandate (and More) is Here

By Danielle Smid | 11.08.2021
As discussed in our prior blog entry, on September 9, 2021, President Joe Biden announced that the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) would soon issue an Emergency Temporary Standard (“ETS”) which included a COVID-19 vaccination mandate for large employers. OSHA’s ETS was finally released on November 4,... Read More

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