by Tammy Binford
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Since its enactment in 1935, the National Labor Relations Act (NLRA) has been interpreted and enforced by the National Labor Relations Board (NLRB). It isn’t any secret that the decisions interpreting the NLRA have swung...
A small difference in wages led to a massively complex opinion about how to calculate overtime compensation into a nondiscretionary bonus, whether to apply state or federal law in the calculation, and whether overtime...
This case is simple—straightforward and potentially contradictory language in two dueling statutes related to the date wage payment is due, allowing an employer to meet the letter if not the spirit of the code. Spoiler...
First, the buzz was all about “quiet quitting” as overworked employees quietly cut back on their tasks to help them cope with job stress. That trend was countered with “quiet firing” as supervisors who noticed the...
It’s early in the new year—a time when people often assess priorities and look at what to expect in the future. That goes for human resources thinkers, too. With all the change the workplace has seen over the past few...
On January 5, the Federal Trade Commission (FTC) issued a proposed rule that could change the employment terms of approximately 30 million American workers. To learn more about this game-changing proposal and how it may...
As part of the comprehensive Consolidated Appropriations Act of 2023, President Joe Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The Act, which applies to employers with 15 or more employees...
While many were out finishing up their last-minute Christmas shopping, Congress passed the highly anticipated retirement plan legislation known as SECURE Act 2.0, and the U.S. Departments of Labor, Health and Human...
Because a former employee didn’t allege any concrete injury in connection with a claimed informational injury under the federal Fair Credit Reporting Act (FCRA) from an employer’s allegedly inadequate disclosure in...
Many HR professionals may relate to the “oh no, what now?” moment when they first learn an employment-related lawsuit has been filed. Although employers would prefer to avoid litigation entirely, it’s important for HR...
Employers have questions all year about employee drug and alcohol testing. In recent years, however, those inquiries have seemed to increase during the holiday season. As employees emerge from two months of holiday...
At year-end, it’s traditional that we cast an eye back at the events of the past months. The view from K Street is, admittedly, skewed, but tries to be panoramic. What past events will shape our future? COVID-19. It won...
On November 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposal to require contractors to provide substantially more data to the agency at the desk audit stage. For a complete...
The Equal Employment Opportunity Commission (EEOC) published its proposed strategic plan for fiscal years (FYs) 2022 to 2026 on November 4, 2022, with comments due by December 5, 2022. The strategic plan serves as a...
The National Labor Relations Board (NLRB) has been the most aggressive and the most active independent agency of the Biden administration, especially in terms of fulfilling the president’s prounion agenda. The 53% increase in union election petitions over fiscal year (FY) 2021 is a direct result of the public support the Board has given to union organizing activity, support that has been reflected in the General Counsel’s (GC) memoranda and the Board’s formal rulings.
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