If you’ve managed a workforce during a union organizing campaign, you’re likely familiar with captive audience meetings; compulsory sessions at which managers try to persuade employees to reject the union. For over 70 years,...more
On May 16, Maryland amended its Clean Indoor Air Act by prohibiting vaping in indoor places of employment. The amendments go into effect on July 1....more
The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.
The guidance, delivered...more
With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more
4/23/2024
/ Cannabis Products ,
Citizenship Status Discrimination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Reasonable Accommodation ,
Remote Working ,
Unions
Effective March 20, New York City will allow “any person” to bring a private right of action for violations of the Earned Sick and Safe Time Act. As a result, New York City employers are encouraged to review their safe and...more
On January 29, the 15th anniversary of the Lilly Ledbetter Fair Pay Act, President Joe Biden announced initiatives aimed at achieving pay equity for the federal workforce and employees of federal contractors.
...more
2/1/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Pay Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Lilly Ledbetter ,
Office of Personnel Management (OPM) ,
Pay Discrimination ,
Pay Transparency ,
Salary/Wage History ,
Wages
On January 12, Washington, DC, Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023. The Act amends the DC Wage Transparency Act of 2014 and is scheduled to go into effect on June 30,...more
1/23/2024
/ Compensatory Damages ,
Compliance ,
Employer Liability Issues ,
Injunctive Relief ,
Job Ads ,
Job Applicants ,
New Legislation ,
Notice Requirements ,
Pay Transparency ,
Restitution ,
Salary/Wage History ,
Wage and Hour
The increased use of artificial intelligence (AI) in the workplace has already raised issues about working time, proper classification, and discrimination. This alert addresses some of these issues.
Working Time and...more
In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more
On March 21, 2023, Virginia Governor Glenn Youngkin signed SB 1040 into law. The new law, which goes into effect on July 1, 2023, prohibits employers from using an employee’s social security number or any derivative thereof...more
Covered employers have 50 or more employees, including the Commonwealth and its agencies, institutions, and political subdivisions. Eligible employees have been employed for at least a 12-month period and worked at least...more
Los Angeles retail businesses must now comply with a new ordinance that promotes predictable work hours for employees. On April 1, 2023, the Los Angeles Fair Work Week Ordinance went into effect, which applies to retail...more
On March 22, 2023, National Labor Relations Board General Counsel Jennifer Abruzzo issued GC Memo 23-05 providing guidance on the recent decision in McLaren Macomb. Below are some of the notable points set forth in the...more
3/30/2023
/ Confidentiality Agreements ,
Contract Terms ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Separation Agreement ,
Severance Agreements
Ruling on a narrow, but significant question, the US Supreme Court affirmed that the white-collar overtime exemptions under the federal Fair Labor Standards Act (FLSA) require employers to pay an employee on an actual “salary...more
On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated...more
On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA)....more
Earlier this month, the Nevada Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees...more
On July 12, 2022, the Council of the District of Columbia voted to amend the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”). Implementation of the Act has been delayed on several...more
In a unanimous decision authored by Justice Elena Kagan, the US Supreme Court ruled that in determining whether a party has waived its right to enforce an arbitration agreement, the party asserting waiver does not have to...more
In December 2021, the New York City Council approved a bill requiring NYC employers with four or more employees to include, in internal and external job postings, the minimum and maximum salary offered for any position within...more
Implementation of the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) has now been officially delayed until October 1, 2022. The Act had been scheduled to take effect on April 1,...more
On January 13, 2022, the Supreme Court reinstituted a stay blocking OSHA's COVID-19 vaccination and testing emergency temporary standard (ETS), which mandated that employers with 100 or more employees require their employees...more
1/17/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In a notice issued yesterday in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), the National Labor Relations Board (NLRB or Board) invited parties and amici to submit briefs addressing whether the Board should reconsider its...more
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit issued an Opinion lifting the stay of OSHA's emergency temporary standard (ETS) requiring employers with 100 or more employees to implement mandatory...more
12/21/2021
/ Appeals ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
OSH Act ,
OSHA ,
Reasonable Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 6, 2021, New York City Mayor Bill de Blasio announced a new COVID-19 vaccine mandate for all private sector employers that employ more than one employee in New York City. On December 15, 2021, the New York City...more