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
The U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) recently said that it will take another look at California Assembly Bill 51 (AB 51), a state law affecting mandatory employment-related arbitration agreements.[1]
AB 51 prohibits employers from requiring that employees enter into mandatory arbitration agreements for disputes arising under the California
On September 16, 2022, The Governor and Attorney General of the State of Florida filed a Notice of Appeal challenging the decision by U.S. District Judge Mark E. Walker to issue a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA) or, as the Governor has referred
The U.S. Department of Labor’s Occupational Safety and Health Administration is contemplating several, and extensive, changes to its existing Process Safety Management (PSM) standard, and will be seeking public comments.
Broadly speaking, the PSM standard requires employers to implement safety programs that identify, evaluate and control highly hazardous chemicals.
Contemplated changes to the
Several jurisdictions are in the process of passing, or have already passed, pay transparency legislation, including California, Colorado, Maryland, New York State, New York City, Rhode Island, and Washington, with some new legislation potentially coming into force in early 2023. While specifics vary based on the jurisdiction, below
The National Labor Relations Board (NLRB) has embarked upon notice and comment rulemaking to replace the final rule concerning joint employer status that has been in place since April 2020.
Section 2(3) of the National Labor Relations Act (Act) generally provides that the term “employee” under the Act is not limited
In a recent decision, Trevor Murray v. UBS Securities, LLC, the United States Court of Appeals for the Second Circuit considered section 1514A of the Sarbanes-Oxley Act (SOX), which protects employees of publicly traded companies from adverse employment actions that “discriminate against an employee . . . because of” any lawful whistleblowing
Section 7 of the National Labor Relations Act (Act) gives employees the right to form unions, bargain collectively and to “engage in other concerted activities for the purpose of … mutual aid or protection”. Speaking out about conditions of employment on behalf of a group of employees would fall within this protection. And, section 8
In a recent decision, Nazarie Anderson v. Emory Healthcare Inc., the United States Court of Appeals for the Eleventh Circuit affirmed a district court’s order granting summary judgment in favor of Emory Healthcare Inc. (Emory), who had defended against a former employee’s retaliation claim under Title VII of the Civil Rights
The National Labor Relations Act (Act) states that it is an unfair labor practice for an employer to refuse to bargain collectively with its employee representatives (i.e. a union).
Recently, the United States Court of Appeals for the 9th Circuit confirmed that when this happens, an employer may have to reimburse its union the