On April 19, 2024, the Equal Opportunity Employment Commission (EEOC) issued a final rule (the Rule) to implement the Pregnant Workers Fairness Act (PWFA). Although the PWFA went into effect last year in June 2023, the EEOC’s...more
On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule change to employee exemptions under the Fair Labor Standards Act (FLSA). The rule, among other changes, increases the minimum salary threshold for...more
Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from...more
The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they...more
As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress. With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act. Some of the most...more
“Major American businesses have made clear that the skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.” Grutter v....more
Institutional investors and other stakeholders are seeking better information from public companies on workforce diversity. Company executives and boards are discussing how and what to disclose, and many observers believe the...more
4/28/2021
/ Board of Directors ,
Corporate Executives ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Environmental Social & Governance (ESG) ,
Human Capital ,
International Organization for Standardization ,
Popular ,
Publicly-Traded Companies ,
SASB ,
Securities and Exchange Commission (SEC)
On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a...more
3/16/2021
/ ABC Test ,
Collective Bargaining Agreements (CBA) ,
Employee Definition ,
Employee Rights ,
Epic Systems Corp v Lewis ,
Federal Labor Laws ,
Independent Contractors ,
Labor Relations ,
New Legislation ,
NLRA ,
Pending Legislation ,
Right to Work ,
SCOTUS ,
Taft-Hartley Act ,
Unions
As with any presidential (or governor) transition, significant changes occur in regard to the executive offices’ regulatory enforcement priorities and changes from the previous administration. Because the majority of rules...more
Background -
As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n,...more
This November, Arizona voters will decide whether to legalize the recreational use of marijuana. One burning question for employers: How does this impact operations?
We consider some of the issues here....more
On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda1–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in...more
8/12/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Eviction ,
Executive Orders ,
HUD ,
Medicare ,
New Guidance ,
Payroll Taxes ,
Relief Measures ,
Social Security ,
Student Loans ,
Unemployment Benefits
As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? The Centers for Disease Control (CDC), Occupational Health and Safety Administration (OSHA), and...more
The unprecedented steps our society is taking to prevent the spread of COVID-19 will unfortunately take its toll on some employers, their employees and families. With public health authorities in California issuing...more
Over the last decade, the proliferation of state and local laws regulating employers has exploded. Whether it is minimum wage increases or salary history bans, the number of issues being addressed on a state and local level...more
Employers in the construction industry, particularly multi-state operators, may face challenges with new legislation in Nevada and a new case interpreting Arizona’s medical marijuana law.
...more
Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under...more
Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more
4/4/2018
/ Collective Bargaining ,
Fair Share Law ,
First Amendment ,
Friedrichs v CA Teachers Association ,
Opt-Outs ,
Public Employees ,
Public Sector Unions ,
SCOTUS ,
Teachers ,
Union Dues ,
Unions
How will President-Elect Trump handle paid sick leave for federal government contractors? On the campaign trail, President-Elect Trump stated he would support six weeks of paid maternity leave. But the paid sick leave...more
11/17/2016
/ Barack Obama ,
Collective Bargaining ,
Davis-Bacon Act ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Paid Sick Leave Act ,
Presidential Elections ,
Recordkeeping Requirements ,
Service Contract Act ,
Sex Discrimination ,
Trump Administration
With President-elect Trump’s victory, what is the future of President Barack Obama’s executive orders? As President Obama’s administration winds down, the Department of Labor has finalized regulations implementing several...more
11/11/2016
/ Barack Obama ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Gender Identity ,
Labor Law Violations ,
Labor Regulations ,
OFCCP ,
Paycheck Transparency ,
Presidential Elections ,
Rescission ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Trump Administration
Last week, the U.S. Department of Labor’s Wage and Hour Division released an Administrator’s Interpretation providing guidance on the misclassification of workers as independent contractors. The guidance sets forth a...more
The new NLRB expedited union election rules, scheduled to go into effect on April 14, 2015, drastically restructure NLRB representation proceedings and impose very significant new obligations on employers. The rule changes...more
Most companies doing business on the Navajo reservation know the Navajo Preference in Employment Act (NPEA) is a unique statute. Unlike almost all other jurisdictions in the United States, the Navajo Nation does not recognize...more
Recent Updates -
Effective January 1, 2013, the Sales Tax for goods and services delivered on the Navajo reservation increased from 4% to 5% of gross receipts. Services are so broadly defined that, unlike many states,...more