Last week, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations implementing the Pregnant Workers Fairness Act (“PWFA” or the “Act”). The public has until October 10 to comment on the EEOC’s...more
Last week, the Supreme Court issued two significant decisions impacting employers nationwide. The Court’s holding in Groff v. DeJoy requires employers to grant religious accommodations to employees, unless such accommodations...more
On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The...more
Earlier this month, the top attorney for the National Labor Relations Board (“NLRB”), General Counsel Jennifer Abruzzo (“Abruzzo”), issued Memorandum 22-04 urging the Board to depart from significant and longstanding...more
On November 4, 2021, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) released the much anticipated emergency temporary standard (“ETS”) regarding vaccination and testing required by an...more
On September 29, 2021, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “Board”), made headlines with the issuance of a memorandum clarifying the GC’s position that certain college athletes are...more
The roller coaster ride for private colleges and universities seeking a final determination on whether student workers—including graduate assistants—have the right to unionize may not be over yet....more
On December 11, 2020, the Food and Drug Administration issued emergency use authorization (EUA) for a COVID-19 vaccine developed by Pfizer. On December 18, 2020, the FDA granted similar approval to a vaccine developed by...more
In February 2020, just prior to COVID-19 dominating the news, wreaking havoc on the health care delivery system and leading to tens of thousands of deaths and hundreds of thousands of positive cases, the Equal Employment...more
1. Health and safety planning is critical before employees return to the workplace. Following federal and state safety and health standards, employers should develop a plan for cleaning and sanitizing the workplace, including...more
Today, the National Labor Relations Board (the "Board") is issuing a much anticipated final rule providing guidance on determining whether two employers are "joint employers" for purposes of the National Labor Relations Act...more
In December, the National Labor Relations Board (NLRB) issued a flurry of employer-friendly decisions. Management can toast the following end-of-year gifts and look forward to continuing success at the Board in the new year....more
1/3/2020
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Workplace Investigations
On August 23, 2019, the National Labor Relations Board ("NLRB") determined that property owners may prohibit non-employees from accessing their premises to engage in conduct that could be protected by federal labor law....more
On August 8, 2019, the Department of Labor (DOL) released an Opinion Letter clarifying that parents of students with special education needs may take leave under the Family Medical Leave Act (FMLA) to attend a meeting related...more
On March 7, 2019, the Department of Labor released its long-promised proposed rule raising the minimum salary threshold required for workers to qualify for the Fair Labor Standards Act’s exemption threshold to $35,308...more
On June 6, 2018, National Labor Relations Board General Counsel Peter Robb released a guidance on how to apply the new employee handbook standard established by the Board in its December 2017 Boeing decision. ...more
On April 12, 2018, the DOL released a new Fact Sheet relating to overtime pay at higher education institutions. The Fact Sheet confirms what many institutions viewed as a grey area—whether faculty teaching online or remotely...more
On February 26, 2018, the Second Circuit Court of Appeals reversed its own 2000 precedent and held that Title VII prohibit sexual orientation discrimination. The decision aligns the Second Circuit with the Seventh Circuit...more