Inside The Beltway - Critical developments in Labor and Employment Law

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Despite the holidays, our federal government is delivering tidings of discomfort for employers and joy for organized labor. The Department of Labor is now connecting employees with plaintiffs’ attorneys to help recover claims for unpaid wages and leave, and the EEOC is about to issue additional rules regarding recordkeeping and articulating the “reasonable factors other than age” defense. If you ask the National Labor Relations Board (NLRB), Santa’s lumps of coal go to employers. The NLRB today issued a proposed rule regarding posting notices of employee rights to join and form unions and engage in other concerted activities, and the NLRB General Counsel expanded his “nip-in-the-bud” initiative to punish and punish hard those employers who interfere with initial union organizing. So, have a happy new year! Government shaming will continue.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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