by Tammy Binford
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges.
The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification...
Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there...
To compel arbitration in West Virginia, you must first show that a valid arbitration agreement exists. The Supreme Court of Appeals of West Virginia recently ruled you can simply attach a copy of the arbitration...
The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform...
By the time you read this, we will know whether the junta called the Freedom Caucus has driven the country into another chaotic government closure. But, then again, the House is nothing short of a House of chaos itself...
On September 21, 2023, the Equal Employment Opportunity Commission (EEOC) published its strategic enforcement plan for fiscal years (FY) 2024 to 2028 in the Federal Register. The plan extends the agency’s focus to these...
On September 11, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its second Corporate Scheduling Announcement List (CSAL) in fiscal year (FY) 2023. The list of 1,000 contractors includes 973...
Both Senate and House Republicans have proposed bills to limit Acting Secretary of Labor Julie Su’s tenure. The House proposed the Department of Labor Succession Act (H.R. 4957), which would place the line of succession...
On August 7, 2023, U.S. District Judge Brantley Starr sanctioned three Southwest Airlines Co. attorneys for failing to comply with a court order after the company lost a religious bias lawsuit. The judge sanctioned the...
The diversity, equity, and inclusion (DEI) and affirmative action programs used by many employers are facing challenges that have escalated following the U.S. Supreme Court ruling on June 29, 2023, in the Harvard College...
The Department of Labor (DOL) has proposed an increase to the Fair Labor Standards Act's (FLSA) annual salary-level threshold for white-collar exemptions to overtime requirements—raising it to $55,068 ($1059/week) from...
The National Labor Relations Board’s (NLRB) Cemex decision reaffirms that elections aren’t the only appropriate path for seeking union representation. With this muted assertion, the Board overturns 50 years of labor law...
The U.S. Department of Labor (DOL) has issued the highly anticipated update of its Davis-Bacon rule. The 800+ page rule expands coverage to include new-technology projects and—by altering the prevailing wage “formula”—is...
On August 25, 2023, the National Labor Relations Boad (NLRB) issued a new set of rules that will apply immediately to many employers and unions locked in a unionizing campaign. The Board has determined that it has the...
A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes...