In light of a recent NLRB decision, employers should consider whether employee handbooks and policies are compliant.
Failure to state sexual harassment claim means other claims can be forced to arbitration
The U.S. District Court for the Southern District of New York recently held that, as a matter of first impression, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) does not invalidate a binding arbitration agreement if the plaintiff fails to plead a plausible sexual harassment claim.
See: Yost v. Everyrelam, Inc.
Court of Appeals to decide if nonresident plaintiffs can prevail under NY human rights laws in failure-to-hire cases
In Syeed v. Bloomberg L.P. 2023 WL 350565, the New York Court of Appeals recently accepted certification of a question on state law put to it by the United States Court of Appeals for the Second Circuit, namely:
Whether a nonresident plaintiff not yet employed in New York City or State satisfies the impact requirement
Monitoring and Management Tech is on the NLRB’s Radar
On October 31, 2022 the General Counsel of the National Labor Relations Board released a memo urging the Board to adopt a “new framework” for protecting employees from “intrusive or abusive” forms of electronic monitoring and automated management technologies that interfere with employee rights to self-organize and to engage in collective bargaining under Section 7
NLRB Proposes New Rule Impacting Union Elections and Voluntary Recognition
The National Labor Relations Board is proposing to rescind its current rule that allows:
- Representation elections to proceed even when there are pending unfair labor practice charges alleging employee free choice has been compromised;
- Challenges to the representative status of a voluntarily recognized before there has been a reasonable period for collective bargaining; and,
- Election
Free menstrual products in Canadian federally regulated workplaces
The Minister of Labour for Canada has announced Proposed Regulations under the Canada Labour Code.
If adopted, employers will have to, among other things:
- Provide menstrual products, including clean and hygienic tampons and menstrual pads, in each toilet room or, if that is not possible, in another location in the workplace controlled by the employer
Four-Day Workweek Proposed in California Bill
A worldwide effort was launched by 4 Day Week Global, a nonprofit associated with the University of Oxford, that helps companies execute and measure the impact of a four-day workweek. The nonprofit calls this a 100-80-100 model, wherein workers receive 100% of their pay for 80% of the time, while maintaining 100% productivity.
In California
D.C. Circuit vacates NLRB’s order on port union recognition
In a recent decision, Everport Terminal Services, Inc. v. National Labor Relations Board, the United States Court of Appeals for the District of Columbia Circuit granted petitions for review and vacated the National Labor Relations Board’s (NLRB) ruling that an employer had committed an unfair labor practice by favoring one mechanics’ union
Looking to the Horizon: Upcoming Strategy Reveal for the Equal Employment Opportunity Commission
On September 22, 2022, the Equal Employment Opportunity Commission (EEOC) completed the last of three public sessions it conducted to solicit input on a forthcoming Strategic Enforcement Plan (SEP). In the past, the SEP has established substantive area priorities for the EEOC and set out strategies to integrate components of the EEOC’s private, public, and
Canada Labour Code Regulations to Require Reimbursement for Employee Expenses and More
Federally regulated employers take note: there are two new pending Regulations addressing (i) reimbursement of employees’ work-related expenses and (ii) the requirement to give new employees a written statement of employment conditions within the first 30 days of employment.
Reimbursement for Reasonable Work-Related Expenses
Time limit for reimbursement
Employers will have to reimburse reasonable work-related expenses