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.
A recent California case addressed the question of whether offsite and afterhours texting between work friends could constitute sexual harassment. A pharmacist’s sexual harassment lawsuit against her former employer...
Many employers elect to use arbitration agreements with their employees and contractors, and recent cases have supported the enforceability of such agreements. Many individuals who have entered into arbitration...
No appellate court had ever before set forth the elements of a pregnancy discrimination claim. To show either pregnancy discrimination or disability discrimination, an employee still has to show that an accommodation...
“It is emphatically the province and duty of the judicial department to say what the law is.” So writes U.S. Supreme Court Justice John Marshall in Marbury v. Madison, forming the procrustean base of American...
The Office of Federal Contract Compliance Programs (OFCCP) announced on March 20, 2023, that it will open its contractor portal for the second year on March 31 and that all federal supply and service contractors and...
The Equal Employment Opportunity Commission (EEOC) finally issued its fiscal year (FY) 2022 performance report on March 14, 2023. The highlights of the report include the following. Monies collected totaled $513.7M (up...
Department of Labor (DOL) Secretary Marty Walsh, the first of President Joe Biden’s Cabinet secretaries to leave, resigned to become head of the NHL labor union. His resignation was effective starting March 11. Julie Su...
In a series of recent rulings, the National Labor Relations Board (NLRB) is imposing its vision of the law on workplaces, union and nonunion alike. By basing its decisions on the broad workers’ rights language in the...
Employers should be on notice that broad diversity, equity, and inclusion (DEI) policies—such as many large companies have designed and/or put in place—can expose them to legal challenges. In August 2022, conservative...
The buzz about ChatGPT has been swirling for a few months now. The artificial intelligence (AI) chatbot capable of composing answers to all kinds of questions effortlessly and instantly is being touted as the iPhone...
In a recent ruling, the National Labor Relations Board (NLRB) found an employer violated the National Labor Relations Act (NLRA) when it offered furloughed employees a severance agreement that included overbroad...
A major improvement in U.S. immigration processing is on the horizon for employers. The U.S. State Department just announced a pilot program to once again offer visa renewals by mail without traveling to a U.S. consular...
New York Governor Kathy Hochul recently signed legislation amending Section 201 of the New York Labor Law (NYLL). Employers must now make all mandatory New York workplace postings available to employees electronically...
A flurry of recent federal and New York State legislation has expanded protections for employees who are pregnant, nursing, or experiencing pregnancy-related medical conditions. Federal legislation Employers should be...
In a case that may bring about a revamping of decades-old wage and hour law, the U.S. Supreme Court ruled that for an employee to be considered “exempt” from the Fair Labor Standards Act’s (FLSA) overtime requirements...