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.
On May 17, 2023, Governor Gretchen Whitmer signed Senate Bill (SB) 147, which amends the Elliott-Larsen Civil Rights Act (ELCRA) to prohibit employers from discriminating against employees based on their decision to...
Arbitration clauses offer a private and often speedy forum in which to resolve employment disputes. Given that many courts are still backlogged from the COVID-19 pandemic, and because legal proceedings have become part...
I tend to be old school. It’s a generational thing. But times change, and so must we. A recent case from a Texas appeals court provides a concise tutorial on what to do if an electronic signature is challenged. While the...
Watch any local newscast anywhere in the United States, and there’s a recurring theme: the hardball nature of local politics. This intersects with the fact that social media is a given in our lives, and all sorts of...
I wanted to write about this very recent case for a couple of reasons. First, some subscribers are universities/colleges and are covered by Title IX of the Education Amendments of 1972, prohibiting sex-based...
When talking reasonable accommodations, the first thing that most people think of is the Americans with Disabilities Act (ADA), which requires employers to make reasonable accommodations for qualified individuals with...
After a medical clinic employee reported harassment, she said she didn’t want her alleged harasser “approached about his behavior specifically directed towards [her].” As a result, the lower court determined the employer...
On April 6, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued final rules covering the city’s Automated Employment Decision Tools (AEDT) Law enacted on December 11, 2021. With the final...
On May 1, 2023, the National Labor Relations Board (NLRB) reversed a 2020 decision that made it easier to discipline workers for inappropriate or offensive outbursts while engaging in activities protected by the National...
The U.S. District Court for the District of Massachusetts recently received a filing from a potentially large group of Massachusetts residents who allege their personal and private information was exposed in a data...
We are often confronted with the question of whether the Americans with Disabilities Act (ADA) obligates an employer to reasonably accommodate an employee with a disability by placing them in a vacant position even...
In 2016, the U.S. Department of Labor (DOL) sought to implement regulations to increase the salary threshold for the Fair Labor Standards Act’s (FLSA) “white collar” overtime exemptions from $455 to $913 per week. The...
The 2023 Carlton Fields Class Action Survey has revealed a significant increase in the number of labor and employment class action lawsuits and the amount companies are spending to defend those lawsuits. That is sobering...
In a recent decision, the National Labor Relations Board (NLRB) revived the “setting-specific standards” for determining whether an employee lost the protection of the National Labor Relations Act (NLRA) when engaged in...
Recently, a CEO of a certain furniture company went viral after telling her employees, on a recorded videocall, to “leave Pity City” regarding their bonuses being cancelled. While the video may leave you scratching your...