For the first time in a quarter-century, the U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on workplace harassment. The April 29-guidance consolidates and supersedes several iterations of...more
5/7/2024
/ Bostock v Clayton County Georgia ,
Disability Discrimination ,
Employment Discrimination ,
Enforcement ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
New Guidance ,
Race Discrimination ,
Religious Discrimination ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Harassment Guidance
On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Lateral Transfers ,
Muldrow v City of St Louis ,
Protected Class ,
SCOTUS ,
Sex Discrimination ,
Title VII
As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more
8/25/2023
/ AFL-CIO ,
Ambush Election Rules ,
Collective Bargaining ,
Final Rules ,
Labor Relations ,
NLRB ,
Obama Administration ,
Quickie Election Rules ,
Trump Administration ,
Union Elections ,
Unions
The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee...more
As of today, so-called “right-to-work” (“RTW”) laws are effective in 27 states. These laws ensure that no worker can be required, as a condition of employment, to join or not join, nor pay dues to, a labor union, as permitted...more
3/28/2023
/ Governor Whitmer ,
New Guidance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Repeal ,
Restrictive Covenants ,
Right to Work ,
Severance Agreements ,
State Labor Laws ,
Union Dues ,
Unions
In a ruling on February 21st, the National Labor Relations (NLRB or “Board”) revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to not disparage the company as part...more
On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections.
As...more
As the calendar turns to 2023, employers in several states are currently navigating or preparing to navigate laws mandating the provision of paid family and medical leave (“PFML”), i.e., partially paid, job-protected leave,...more
In what is becoming a holiday tradition, consequential National Labor Relations Board rulings continue this December. First, after nearly six decades, the Board has conformed to a rigid test in evaluating whether an employer...more
On Wednesday, the National Labor Relations Board issued a groundbreaking decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), reviving the concept of collective bargaining “micro-units.” Micro-units are...more
Employers in approximately a dozen states and twice as many cities and counties should expect significant hikes in minimum wage rates for 2023. Many of these hikes are due to state and local laws which account for...more
On April 6, 2022, Ohio Governor Mike DeWine signed Senate Bill 47 (“SB 47”) into law, signaling significant changes to overtime exemptions in the state and restructuring the procedure by which an employee may join a...more
On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) provided new guidance regarding its recommended times for quarantine and isolation for individuals exposed to COVID-19. Employers that have chosen...more
On August 13, 2021, the U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) issued updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. OSHA’s latest guidance is...more
8/19/2021
/ Code of Federal Regulations (CFR) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Guidance Update ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Recordkeeping Requirements ,
Reporting Requirements ,
Social Distancing ,
Tax Credits ,
Vaccinations ,
Workplace Safety
Citing concerns about worker mobility and advocating for increased market competition, President Biden signed Executive Order No. 14036: Promoting Competition in the American Economy, on July 9, 2021. The Order, published in...more
7/15/2021
/ Anti-Competitive ,
Biden Administration ,
Consideration ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Labor Practices