In light of a recent NLRB decision, employers should consider whether employee handbooks and policies are compliant.
Why compliance-minded employers should review their employee handbooks now
WARN Act counting for remote employees
The prevalence of remote working arrangements has led to an increase in new and nuanced legal questions for employers to consider. One of these questions is how employers should count their remote workers when seeking to comply with the Worker Adjustment and Retraining Notification Act (WARN).
Read the entire legal update, “WARN Act counting
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
AI in the workplace: the EEOC and New York City seek to prevent automated discrimination
On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing entitled “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier”.[1] During the hearing, the EEOC explored the potential benefits and harms associated with artificial intelligence (AI) and other automated
Proposed Revision to Independent Contractor Classification Rules under the FLSA
The U.S. Department of Labor has recently unveiled proposed revisions to Wage and Hour Division regulations regarding employee and independent contractor classification under the Fair Labor Standards Act (FLSA). The stated intention of this change is to be more consistent with judicial precedent and practical implementation.
The proposed change was announced on October 13, 2022
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
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