Latest Publications

Share:

Captive Audience Meetings: An Area Fraught for Employers

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

Maryland Prohibits Workplace Vaping

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

DOL Issues Guidance on Workplace AI

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

Top 10 Legal Challenges for Employers

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

New York City Will Allow a Private Right of Action for Violations of Earned Sick and Safe Time Act

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

Salary Transparency and Prohibiting Use of Salary History on the Horizon for Federal Contractors

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

DC Will Have New Pay Transparency and Wage History Requirements

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

Will AI Short Circuit the Workplace? Some Considerations for the Continued Use of AI By Employers

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

DC Circuit Rules Non-Disparagement “Directives” to Executives in Separation Agreements Could Bind Employers

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

Virginia Restricts Employer's Use of Social Security Numbers

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

Virginia Passes Organ Donation Leave Law

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

Attention Los Angeles Retail Businesses: Fair Work Week Ordinance Goes into Effect

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

NLRB General Counsel Takes Expansive View of Recent McLaren Decision, Including Retroactive Application

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

Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Exemptions

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

NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices

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

DOL Issues Notice of Proposed Rulemaking Revisiting Definition of Independent Contractor

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

Nevada Supreme Court Rules That Recreational Use of Marijuana Is Not Protected Off-Duty Conduct

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

DC Council Passes Bills Amending Non-Compete Ban

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

Supreme Court Rules That Prejudice Is Not a Required Element To Establish Waiver of an Agreement To Arbitrate

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

Effective Date of NYC Salary Transparency Law Remains May 15, 2022 – But That Could Change

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

DC Non-Compete Ban Further Delayed Until October 1, 2022

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

Supreme Court Blocks OSHA Vaccine/Testing Rule but Allows Health Care Vaccine Mandate To Proceed

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

NLRB To Reconsider Independent Contractor Standard

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

Sixth Circuit Revives OSHA Vaccine/Testing Emergency Temporary Standard

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

The City of New York Set To Become First In Nation To Impose COVID-19 Vaccine Mandate on Private Employers 

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

124 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide