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.
I know “Promises and Loopholes” sounds like the title to a Woody Allen movie, but it makes an important point. Namely, that parties to a contract are held to the language of their agreements, but there are, in certain...
May 30, 2023, won’t exactly be a day that goes down in infamy, but corporate America is likely to consider it so. The National Labor Relations Board’s (NLRB) General Counsel (GC) declared on that date that all agency...
When National Labor Relations Board (NLRB) members’ terms expire and new members are appointed by the sitting president, prior Board decisions are often reversed—even fairly recent ones. The current Board recently...
Typically, employers winning employment discrimination claims rely on legitimate, nondiscriminatory reasons for the challenged decision. A recent decision from the Louisiana 4th Circuit Court of Appeals counsels...
On May 15, 2023, the Supreme Court of the United States (SCOTUS) declined to hear an appeal from a former Georgia state worker who challenged her employer’s decision not to grant her extended post-maternity leave...
Artificial intelligence (AI) is increasingly being used in all areas of life and work, including in evaluating and hiring applicants. Although AI can be more efficient in recruiting, evaluating, and weeding through...
On May 11, 2023, the New York City Council enacted Intro. 209-A, a bill designed to prohibit height and weight discrimination under the New York City Human Rights Law (NYCHRL). New York City Mayor Eric Adams has since...
The COVID-19 national emergency, which was originally put in place on March 13, 2020, ended on May 11, 2023. After it was declared by then-President Donald Trump, many federal agencies made changes to the procedures...
Employers, especially those with a workforce spanning multiple states, should take note of a recent decision from the U.S. 1st Circuit Court of Appeals (whose rulings apply to employers in New Hampshire, Maine...
The 94th Arkansas General Assembly adjourned on April 7. Any bills that weren’t passed and sent to the governor for signature therefore won’t be enacted into law. HB 1006: Mandating paid maternity leave in certain...
Imagine an employee in a workplace meeting stands up and—in a profanity-laced tirade—calls the manager several names not fit for print. Most employers would immediately discipline, if not fire, the employee for violating...
Federal law requires employers to perform in-person inspections of new employees and their documents, as well as current employees with expiring Employment Authorization Documents (EADs) to verify that they’re authorized...
Colorado’s 74th General Assembly convened the First Regular Session on January 9, 2023. As expected, there’s continued focus on labor and employment, with some particularly surprising proposals (not all of which have...
The European Union (EU) General Data Privacy Regulation (GDPR), adopted in 2016 and effective in 2018, was one of the first major pieces of data privacy legislation, and in many ways, it has set the standard for other...
Effective August 4, 2023, the Centers for Medicare and Medicaid Services (CMS) will no longer require COVID-19 vaccination for staff of most healthcare entities. On June 5, CMS published a final rule entitled “Policy and...