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.
As generative artificial intelligence (GAI) technology, such as ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason...
The use of artificial intelligence (AI) in the recruiting and hiring process has seen increased popularity in recent years. Many businesses, seeking to lower hiring costs and reduce potential discrimination claims, have...
A former Lyft driver filed suit against the rideshare company under the Private Attorneys General Act of 2004 (PAGA), alleging it misclassified him and other drivers as independent contractors rather than employees...
The United States Supreme Court ended its term in June this year with a series of blockbuster decisions, three of which may have profound implications for employment issues. If there’s a common theme among them, it’s an...
The California Supreme Court held that a provision of the Government Claims Act protects public entities and their employees from liability for wrongful prosecutions or administrative proceedings but doesn’t immunize...
No lesser Founding Father than Alexander Hamilton wrote passionately about the perils of faction. Indeed, Federalist Paper 9 was entitled exactly that: “The Utility of the Union as a Safeguard Against Domestic Faction...
In a May 30 memorandum, NLRB General Counsel Jennifer Abruzzo announced the agency would examine employers’ restrictive covenants, asserting that they generally violate federal labor law. A recent case against Berry...
The new 2023 Spring Regulatory Agenda updates when employers should expect new proposed regulations on joint employment and overtime. The new agenda provides that the notice of proposed rulemaking (NPRM) for new overtime...
The Biden administration Spring Regulatory Agenda issued on June 13 reflects a less aggressive regulatory agenda for the Office of Federal Contract Compliance Programs (OFCCP). The new agenda still contains the proposal...
The Equal Employment Opportunity Commission (EEOC) will begin enforcing the Pregnant Workers Fairness Act (PWFA) on June 27. However, the agency hasn’t yet issued the legally required guidance. Sen. Bill Cassidy (R-La.)...
According to a February 2023 news release by the Department of Labor (DOL), child labor violations are on the rise, with the department seeing a 69% increase in violations since 2018. While minors are permitted to work...
The U.S. 5th Circuit Court of Appeals left broad, faith-based exceptions to LGBTQ+ protections codified in the Supreme Court’s 2020 Bostock v. Clayton County decision largely intact for two businesses whose owners raised...
The nomination of Department of Labor (DOL) Deputy Secretary Julie Su continues to falter, as opposition grows in face of administration efforts to move the confirmation process to an end. The latest, and perhaps fatal...
The National Labor Relations Board (NLRB) has further complicated the independent contractor classification picture. In its recent The Atlanta Opera decision, the Board defied a contrary federal circuit court ruling and...
Typically, harassment claims involve allegations that an individual has been harassed by a coworker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against...