Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more
7/11/2017
/ Administrative Appointments ,
Affordable Care Act ,
Beryllium Exposure ,
Best Interest Contract Exemptions ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Rule ,
Health Insurance ,
Healthcare Reform ,
Individual Mandate ,
Investment Adviser ,
LMRDA ,
NLRB ,
Occupational Exposure ,
OSHA ,
Over-Time ,
Persuader Rules ,
Popular ,
Proposed Legislation ,
Repeal ,
Trump Administration ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
The same week the Department of Labor removed two guidance documents governing joint employment and independent contractors, it indicated it will soon reconsider two contentious rules that have been put on hold. The DOL is...more
As expected, Senator Johnny Isakson (R-GA) has reintroduced a bill targeting the National Labor Relations Board's decision in Specialty Healthcare, 357 NLRB No. 83 (2011). The Representation Fairness Restoration Act (S.1217)...more
Most state legislatures are back in session, and they are poised to address a wide range of labor and employment issues this year. Since January 1, 2017, more than 500 employment-related bills have been proposed in more than...more
2/3/2017
/ Ban the Box ,
Employer No-Weapons Policies ,
Equal Pay ,
Firearms ,
Gender-Based Pay Discrimination ,
Legislative Agendas ,
Minimum Wage ,
Pay Transparency ,
Preemption ,
Right to Work ,
Salary/Wage History ,
Sex Discrimination ,
Union Dues ,
Unions ,
Wage and Hour ,
Wages ,
Work Schedules
On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more
12/7/2016
/ Affordable Care Act ,
Background Checks ,
Cell Phones ,
Commuter Tax Benefits ,
Criminal Background Checks ,
Criminal Records ,
Data Breach ,
Decriminalization of Marijuana ,
Disclosure Requirements ,
Domestic Workers ,
Employee Benefits ,
Employee Restrooms ,
Employment Authorization Documents (EAD) ,
Employment Discrimination ,
Equal Pay ,
Executive Compensation ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fiduciary Duty ,
Fiduciary Rule ,
Firearms ,
Forum Selection ,
Franchises ,
Gender Discrimination ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare ,
Immigrants ,
Investment Management ,
Joint Employers ,
Juvenile Justice System ,
Labor Law Violations ,
LGBTQ ,
Local Ordinance ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
Non-Compete Agreements ,
Over-Time ,
Paid Leave ,
Payroll Records ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Retirement Plan ,
Sick Leave ,
Silica ,
Smoking Bans ,
Social Media Policy ,
Transportation Industry ,
Trump Administration ,
Unions ,
Wage and Hour ,
Wellness Programs ,
Work Schedules ,
Workplace Injury ,
Workplace Safety
Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more
12/5/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Blacklist ,
Congressional Review Act ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
EB-1 ,
EB-2 ,
EB-3 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fiduciary Duty ,
Fiduciary Rule ,
Genetic Discrimination ,
GINA ,
Health Insurance ,
Healthcare ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Labor Law Violations ,
Marijuana ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Obama Administration ,
OSHA ,
Over-Time ,
Paid Leave ,
Persuader Rules ,
Presidential Elections ,
Regulatory Agenda ,
Reporting Requirements ,
Right to Work ,
Sick Leave ,
Trump Administration ,
Unions ,
USCIS Immigrant Fee ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
To the relief of many employers that rely on third parties to provide labor advice and services, a Texas federal court has permanently blocked a rule that would have required them to make certain disclosures about their...more
11/17/2016
/ Collective Bargaining ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Final Rules ,
LMRDA ,
Permanent Injunctions ,
Persuader Rules ,
Reporting Requirements ,
Summary Judgment ,
Trump Administration ,
Unions
The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more
11/10/2016
/ Administrative Appointments ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Browning-Ferris Industries of California Inc. ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
D.R. Horton v NLRB ,
DACA ,
DAPA ,
Disability Discrimination ,
Dodd-Frank ,
EEO-1 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fiduciary Rule ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Immigrants ,
Immigration Procedures ,
Joint Employers ,
Judicial Appointments ,
LGBTQ ,
Mandatory Arbitration Clauses ,
MAP-21 ,
Minimum Salary ,
Minimum Wage ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Over-Time ,
Paid Leave ,
Persuader Rules ,
Political Appointments ,
Popular ,
Project Labor Agreements ,
Recess Appointments ,
Retirement Plan ,
Right to Work ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standard of Review ,
Title VII ,
Transgender ,
Unions ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury
In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more
10/25/2016
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Bargaining Power ,
Charter Schools ,
Collective Bargaining ,
Colleges ,
Confidentiality Agreements ,
Corporate Counsel ,
Educational Institutions ,
Employee Handbooks ,
Graduate Students ,
Healthcare Facilities ,
Hiring & Firing ,
Hospitals ,
Joint Employers ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Religious Schools ,
Right to Strike ,
Settlement Agreements ,
Student Employees ,
Trade Secrets ,
Union Elections ,
Unions ,
Universities
On October 3, 2016, the Office of the General Counsel (OGC) for the National Labor Relations Board asked the NLRB to clarify and broaden the protection afforded employees who engage in intermittent and partial strikes....more
The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more
8/5/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automation Systems ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Disability ,
Doffing ,
Donning ,
Extraterritoriality Rules ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
On-Call Employees ,
OSHA ,
Popular ,
Privacy Concerns ,
Robotics ,
Section 7 ,
Severance Agreements ,
Technology ,
Unions ,
Wage and Hour ,
WARN Act ,
Wearable Technology
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The July edition of the Insider Report includes a discussion of...more
7/6/2016
/ Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Genetic Discrimination ,
LMRDA ,
Minimum Salary ,
Navarro v Encino Motorcars ,
OFCCP ,
Over-Time ,
Paid Time Off (PTO) ,
Pay Equity Laws ,
Pensions ,
Persuader Rules ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
Sick Leave ,
Unions ,
Wage and Hour ,
Wage Theft ,
White-Collar Exemptions ,
Work Schedules
On June 27, 2016, the District Court for the Northern District of Texas issued a nationwide injunction enjoining the Department of Labor’s (DOL) Persuader Rule, 81 Fed. Reg. 15924. In reaching this conclusion, the court...more
6/28/2016
/ Collective Bargaining ,
Consultants ,
Department of Labor (DOL) ,
Due Process ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Freedom of Association ,
Injunctions ,
LMRDA ,
Persuader Rules ,
Regulatory Flexibility Act ,
Reporting Requirements ,
Unions
In a decision that sheds light on the potential viability of the Department of Labor’s (“DOL”) Persuader Rule, a Minnesota district court on June 22, 2016, denied a request to enjoin the rule, which the DOL intends to begin...more
The Department of Labor’s recently-issued Final Rule, 81 Fed. Reg. 15924 (the “Persuader Rule”) imposes upon employers and their advisors (including lawyers and consultants), for the first time, the obligation to file public...more
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency...more
5/3/2016
/ Background Checks ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Drug Testing ,
EU-US Privacy Shield ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fiduciary Duty ,
Gender-Based Pay Discrimination ,
International Data Transfers ,
Legislative Agendas ,
LGBTQ ,
LMRDA ,
Medical Marijuana ,
Minimum Wage ,
NDAA ,
OSHA ,
Paid Time Off (PTO) ,
Parental Leave ,
Pay Transparency ,
Persuader Rules ,
Sick Leave ,
Silica ,
Toxic Exposure ,
Union Elections ,
Unions ,
Wage and Hour ,
Wage Theft ,
Work Schedules
This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those...more
4/6/2016
/ Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Protection ,
Friedrichs v CA Teachers Association ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hiring & Firing ,
Joint Employers ,
LMRDA ,
MAP-21 ,
Minimum Wage ,
NLRB ,
Non-Compete Agreements ,
Paid Family Leave Insurance Program ,
Persuader Rules ,
Pregnancy Discrimination ,
Sick Leave ,
Silica ,
Social Media Policy ,
Unions ,
Wage and Hour ,
Work Schedules
On March 24, 2016, the U.S. Department of Labor (DOL) issued a final rule, 81 Fed. Reg. 15924, that will require employers to file public reports with the DOL when they use consultants (including lawyers) to provide labor...more
For the last three decades, Justice Antonin Scalia served as a stanch and reliable conservative voice on the U.S. Supreme Court. While his rulings could be controversial at times, he remained widely liked and respected, even...more
With the DOL's persuader rule nearing final publication, 90 trade associations representing millions of employers sent a letter to the U.S. Office of Management and Budget (OMB) on Friday asking that the rulemaking be...more
On Wednesday, the White House hosted a Summit on Worker Voice, an all-day event focused on promoting organized labor. The Summit featured panel discussions involving workers, union officials and organizers, and "model"...more
On October 7, 2015, the White House and the U.S. Department of Labor will host a "Summit on Worker Voice," an event intended to "ensure that working Americans are fully sharing in the benefits of the broad-based economic...more
Democratic lawmakers introduced legislation on September 16, 2015 that would greatly expand the remedial scope of the National Labor Relations Act. Crafted with input from labor leaders, the Workplace Action for a Growing...more
On September 1, 2015, the National Labor Relations Board's General Counsel issued a guidance memorandum on electronic signatures to support a showing of interest related to a union petition. The General Counsel announced...more
Under current National Labor Relations Board rules, a union can organize a bargaining unit of temporary employees, and the user employer’s solely employed regular employees, only if both employers consent. However, the Board...more