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EEOC Issues New Workplace Harassment Guidance

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

Supreme Court Lowers Plaintiffs’ Burden for Title VII Discriminatory Transfer Claims

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

NLRB Finalizes Rollback of Trump-Era Union Election Changes

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

NLRB Expands Remedies to Address Repeat Offenders

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

Michigan Rolls Back its “Right-To-Work” Law; NLRB’s Top Lawyer Provides Post-McLaren Macomb Guidance

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

NLRB Bars Confidentiality and Non-Disparagement Provisions in Severance Agreements

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

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

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

Paid Family and Medical Leave Escalation Expected in 2023

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

NLRB Brings Holiday Cheer to Some, Jeers to Others in Flurry of End-of-Year Rulings

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

NLRB Makes Union Organization Easier, Loosens Test for Approval of Collective Bargaining “Micro-Units”

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

UPDATE: Employers Should Anticipate Significant Rise in Minimum Wage Rates Tied to Inflation

​​​​​​​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

New Ohio Law Revamps the Landscape of Overtime Exemptions and Collective Action Procedures

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

CDC Provides Updated Recommendations on COVID-19 Quarantine and Isolation Times

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

OSHA Issues New Workplace Guidance In Response to Rising Numbers of COVID-19 Cases

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

Biden Administration Encourages Federal Agency to Clear the Muddy Waters of Non-Compete Agreements

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

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