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.
In March 2022, President Joseph R. Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which voids predispute arbitration clauses in cases involving sexual harassment...
The general rule is that if you hire an independent contractor to do a job, you aren’t responsible for injury to the contractor’s employees—but with a big exception that led to liability in a recent case. Facts The...
A commercial airline pilot and military reservist claimed his employers failed to abide by the rules for military leave. He alleged that because Alaska Airlines provide paid leave for nonmilitary leaves including jury...
On December 13, 2022, the National Labor Relations Board (NLRB) issued a decision expanding remedies available to employees who prevail in an unfair labor practice (ULP) charge. In addition to backpay and reinstatement...
On December 7, 2022, President Joe Biden signed the Speak Out Act into law. One purpose of the Act is to empower survivors of sexual assault and sexual harassment to come forward by nullifying the enforceability of...
The proliferation of remote work has created new and strong incentives for employers to invest in tools that make it easy to electronically monitor employees. This prompted National Labor Relations Board (NLRB) General...
An exotic dancer’s wage and hour complaint against her employer was ultimately resolved after dueling arguments over which party lost track of the clock and who waived their right to challenge an arbitration decision...
If employees at a correctional facility were required to endure sexual harassment as part of their job, does the public facility have liability for damages? It depends on which statute has priority over the other, as...
On January 10, 2023, the U.S. Supreme Court heard oral argument in a case that—if it goes the company’s way—would give employers more leeway to circumvent the National Labor Relations Board’s (NLRB) process and go...
The recent election process for Speaker of the House was one for the ages. The clock was nearing midnight. The fourteenth ballot was reaching its end, with but one vote unrecorded. Then, the enraged Gentleman from...
The EEOC released for public comment, and published in the Federal Register on January 10, a draft of its Strategic Enforcement Plan (SEP) for fiscal years (FY) 2023-2027. Comments must be filed on or before February 9...
The United States Supreme Court is set to hear a series of cases that will require it to contend with difficult employment issues involving religion, strikes, and discrimination. Religion The Supreme Court will soon have...
The United States Supreme Court is set to hear a series of cases that will require it to contend with difficult employment issues involving religion, strikes, and discrimination. Religion The Supreme Court will soon have...
The Equal Employment Opportunity Commission (EEOC) published its draft strategic enforcement plan (SEP) for 2023-2027 on January 10, 2023, inviting the public to submit comments by February 9, 2023. Before issuing the...
On January 4, 2023, the Biden administration finally issued its 2022 Fall Regulatory Agenda. NLRB Joint employer. The National Labor Relations Board (NLRB) plans to finalize its joint employer regulations this summer...