The recent U.S. Supreme Court decision in Muldrow v. City of St. Louis appears to have expanded the universe of “adverse employment actions” that could support an employee’s discrimination claim. The Supreme Court stated in...more
Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, the American soccer star who is set to retire from professional play at the end of National Women’s Soccer...more
Discrimination claims are determined by a three-step analysis under which often the third step — pretext — is key. The first steps are relatively simple to establish. For the first step in their prima facie case, a plaintiff...more
The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target. Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...more
11/15/2022
/ Artificial Intelligence ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Section 7
Employees who exhibit what appear to be mental issues while in the workplace or performing their job duties present some of the most difficult situations for employers. An employee with a mental or emotional issue may have a...more
The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more
With the CDC’s recent announcement reducing mask requirements for fully vaccinated people, there has been a significant uptick in the number of employers who are calling us with questions about possible changes to their own...more
Elections for union representation have long been conducted in-person and with manual ballots. The National Labor Relations Board has a strong preference for in-person representation elections. However, the COVID-19...more
Returning to work after stay-at-home orders are lifted raises a host of issues for employers. For one specific group of employees, businesses may have thought the issue was clear: employees in at-risk categories should remain...more
In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more
For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more
8/29/2018
/ Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
New Guidance ,
New Rules ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Unions
“Pay equity” is quickly becoming a term every employer must understand. Never in its 25-year history have the principles of the Equal Pay Act (EPA) received so much attention. Courts have been examining the meaning of pay...more
4/25/2018
/ Appeals ,
Class Action ,
Damages ,
Employer Liability Issues ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Job-Related Factors ,
Pay Equity Laws ,
Salary/Wage History ,
Settlement ,
State Legislatures ,
Wage and Hour
In its short time, the newly reconstituted National Labor Relations Board has returned to the past on important labor-management subjects. With the new administration in Washington, most observers expected the NLRB to revisit...more
Since the Age Discrimination in Employment Act (ADEA) was first enacted in 1967, “help wanted” ads have evolved significantly – from classified ads in the local newspaper to listings on company websites and online job sites...more
Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more
Prior salary history is a common question asked of job applicants, both during interviews and on job applications. Until recently, employers likely would not have thought twice about asking a candidate the question, “How much...more
5/31/2017
/ Chamber of Commerce ,
Equal Pay ,
Equal Pay Act ,
Fair Pay Act ,
Free Speech ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour
The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the...more
When does a retaliation claim under the Fair Labor Standards Act (FLSA) arise? Put another way, does an employee actually have to go to the U.S. Department of Labor before an adverse employment action in order to have a...more
The employment laws with which businesses must comply continue to grow in complexity and number. Within the last few months alone, federal agencies have been busy releasing new guidelines affecting a myriad of workplace...more
Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like”...more
Union election petitions and quicker elections have been the immediate effect of the National Labor Relations Board’s new election rules which took effect on April 14, 2015. The new rules were intended to speed up the...more
The National Labor Relations Board’s new election rules, which include changes allowing for so-called “ambush elections,” will not be blocked by Congressional resolution after all. On March 31, President Obama vetoed a joint...more
The new “ambush election” rules from the National Labor Relations Board (NLRB), which are scheduled to take effect April 14, were the subject of a disapproving resolution from the U.S. Senate this week. The Senate voted 53-46...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently announced proposed regulations updating its current regulations for federal government contractors and subcontractors regarding...more
The National Labor Relations Board recently issued its new rule for union organization elections. The new rule makes several changes, most significantly shortening the time frame for conducting a union election, requiring the...more