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Timothy A. Hilton

Tim is a comprehensive advisor and litigator for companies with labor and employment issues. He helps clients navigate the ever-changing waters of federal compliance, particularly involving the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA). Tim defends state and federal employment claims at the agency, trial and appellate levels, including claims involving race, sex, age and disability discrimination. He also defends employers against wage and hour claims, as well as allegations of breach of contract.

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Kansas state flag. Vector illustration.

On April 8, 2025, Kansas Governor Laura Kelly signed Senate Bill 241 (SB 241) into law, amending the Kansas Restraint of Trade Act (K.S.A. 50-163). Taking effect on July 1, 2025, this new employer-friendly legislation clarifies the enforceability of customer and employee non-solicitation covenants in Kansas. Under the new law, customer and employee non-solicitation agreements that meet specific requirements are presumed valid and enforceable. This new law also mandates courts to modify overbroad restrictive covenants. SB 241 expressly does not apply to non-competition covenants—meaning it does not affect the enforceability of traditional non-competes, which continue to be governed by existing law.

U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana

On June 29, 2023, the United States Supreme Court issued a unanimous opinion in Groff v. DeJoy, Postmaster General, increasing the employer’s burden to prove an undue hardship defense from the previous de minimis standard to a substantial hardship standard. Although the opinion is framed as a mere “clarification” of the Supreme Court’s 1977 decision in Trans World Airlines, Inc. v. Hardison, in practice, the law now requires employers to accommodate an employee’s religious beliefs under Title VII unless such accommodation would create a substantial hardship to the employer’s business.