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The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by...more
On March 31, the Office of Federal Contract Compliance Programs (OFCCP) rescinded a Trump Administration rule that provided a faith-based carve-out exempting federal contractors from compliance with certain...more
Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions,...more
This action to order the publication in Final form of OFCCP’s highly controversial Religious Exemption Rule was either one of the most courageous political acts I have seen a President take in recent years or was one of the...more
Monday, February 27, 2023: NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees) Tweets Discussing Case Also Protected - Workplace group discussions...more
On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit...more
On July 29, 2021, the Department of Labor (“DOL”) announced that it will rescind a Trump administration rule that limited the circumstances in which multiple employers could be deemed “joint” employers of the same employee....more
Seyfarth Synopsis: The New York Department of Labor is officially phasing out the “tip credit” this year for a wide variety of workers outside the hospitality industry. The first phase of the elimination took effect on June...more
This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more
Qualified employees may take job-protected leave under the Family and Medical Leave Act based on their Serious Health Condition (SHC). A new decision from the Seventh Circuit Court of Appeals makes clear that the employee...more
In a new case filed in the Court of Common Pleas of Allegheny County, Pennsylvania on October 10, 2019 at Docket No. GD-19-014418, Derek Gsell of Moon Township, Pennsylvania is suing Universal Electric Corporation for...more
We have been discussing arbitration agreements in the National Labor Relations Board (NLRB) context lately, particularly with respect to class action waivers. But employers may not be aware that earlier this summer, the NLRB...more
Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more
As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more
Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to misclassification enforcement, California employers should...more
On September 5, 2017, the Department of Homeland Security (“DHS”) issued a memorandum rescinding an Obama-era program known as Deferred Action for Childhood Arrivals (“DACA”). DACA permits certain undocumented aliens that...more
With the recent buzz about President Donald Trump’s removal of federal protections for transgender students that were implemented under the Obama Administration, the states and school systems have been left to determine if...more
There Ought to be a Law: Consider This Alternative To Litigation - Government is becoming more intrusive. At the state and federal levels, a host of agencies and departments continuously create new rules for us to live...more