This week, we’re highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court’s non-disparagement ruling, the U.S. Department of Labor’s (DOL’s) new artificial...more
This week, we’re detailing for employers the U.S. Department of Labor’s (DOL’s) expansion of overtime salary limits, the U.S. Equal Employment Opportunity Commission’s (EEOC’s) recently released sexual harassment guidance,...more
This week, we’re taking a look at the Department of Labor’s (DOL’s) new white-collar overtime exemption and worker classification rules and the U.S. government’s updated race and ethnicity categorizations.
DOL’s Overtime...more
This week, we’re concentrating on the flurry of challenges that federal agencies—such as the U.S. Department of Labor (DOL), the National Labor Relations Board, and the Occupational Safety and Health Administration...more
This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations...more
This week, we’re detailing the National Labor Relations Board’s (NLRB’s) expanded “joint employer” definition, the recent confirmations of the Equal Employment Opportunity Commission’s (EEOC’s) General Counsel and the...more
This week, we’re providing an overview of (i) the year-over-year increase in Equal Employment Opportunity Commission (EEOC) lawsuits, (ii) New York’s employee intellectual property (IP) law, and (iii) the collaborative...more
This week, we’re highlighting the Equal Employment Opportunity Commission’s (EEOC’s) EEO-1 component 1 submission deadline, the EEOC and Department of Labor’s (DOL’s) new agency partnership, and recent settlements from the...more
This week, we break down the enforcement of the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission’s (EEOC’s) EEO-1 report filing delay, and the U.S. Department of Labor’s (DOL’s) recent...more
This week, we weigh in on the upcoming expiration of California’s privacy exemptions and how employers can develop preventative policies and procedures to effectuate employee rights under the state’s laws.
California Privacy...more
This week, we take a look at the federal government’s recently announced focus on mental health.
Renewed Federal Focus on Mental Health in the Workplace (see video attached)
To coincide with Mental Health Awareness Month...more
This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).
California Employers Update COVID-19 Policies
California employers are implementing updated COVID-19...more
5/18/2022
/ Adverse Employment Action ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Masks ,
Pay Transparency ,
Retaliation ,
Salaried Employees ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Workplace Safety
This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.
Texas Court Reinstates DOL Independent Contractor Rule
A district...more
3/23/2022
/ Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Healthcare Facilities ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
OFCCP ,
OSHA ,
Safety Inspections ,
Subcontractors ,
Wage and Hour ,
Workplace Safety
This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies.
California Supreme Court Specifies...more
2/9/2022
/ Adverse Employment Action ,
Burden of Proof ,
CA Supreme Court ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Hiring & Firing ,
Injunctions ,
Job Applicants ,
McDonnell Douglas Formula ,
NLRB ,
Pay Transparency ,
Retaliation ,
State Labor Laws ,
Union Organizers ,
Unions ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022.
The Biden NLRB: What to Expect in 2022 (see video attached)
The NLRB is headed in a new direction this year...more
2/2/2022
/ Biden Administration ,
Confidentiality Agreements ,
Department of Labor (DOL) ,
Employment Policies ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Labor Relations ,
Misclassification ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Section 7 ,
Settlement Agreements
This week, we look at how state and local COVID-19 requirements and new COVID-19 benefits are shifting employers’ policies once again.
Employers Respond to SCOTUS OSHA Decision
Employers and government agencies are...more
This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential.
HIPAA, Employee Privacy Protections, and COVID-19 (see video...more
12/8/2021
/ ABC Test ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Independent Contractors ,
Interim Final Rules (IFR) ,
Misclassification ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more
11/24/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Monitoring ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
NLRB ,
OSHA ,
Retaliation ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
This week, we review the status of the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring employers to mandate vaccines.
Employers Await White House Decision on OSHA...more
10/20/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Governor Abbott ,
Incentives ,
OSHA ,
Popular ,
U.S. Treasury ,
Vaccinations ,
Virus Testing ,
Workplace Safety
This week, we look at how the COVID-19 Delta variant is shifting employer vaccination policies and how that shift is conflicting with regulations in some states.
The Shift to Mandatory Vaccinations
The Delta variant of...more
8/18/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Vaccinations ,
Vaccine Passports ,
Wage & Hour Division (WHD) ,
Workplace Safety
It's #WorkforceWednesday! This week, we focus on President Biden's recent push to limit non-compete agreements and finalize key labor and employment appointments.
Biden Executive Order Seeks to Boost Competition
President...more
7/21/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Health and Essential Rights (HERO) Act ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Labor Regulations ,
NLRB ,
NLRB General Counsel ,
Non-Compete Agreements ,
NYDOL ,
Occupational Exposure ,
Presidential Nominations ,
Senate Confirmation Hearings ,
Workplace Safety
It's #WorkforceWednesday! This week, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor.
Employers Implement Mandatory Vaccination...more
6/30/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Health and Safety ,
Infectious Diseases ,
Just Compensation ,
Proposed Rules ,
SCOTUS ,
Takings Clause ,
Tipped Employees ,
Tips ,
Unions ,
United Farm Workers ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Welcome to #WorkforceWednesday. This week, we look at the return to Obama-era employment and labor policies, with a key difference: unionization.
Biden DOL Takes an Obama-Era Approach
Recent action from the Department of...more
5/12/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employment Policies ,
Executive Orders ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Misclassification ,
Paid Time Off (PTO) ,
Presidential Nominations ,
Union Organizers ,
Unions ,
Vaccinations ,
Vaccine Passports ,
Wage and Hour
It’s #WorkforceWednesday! This week, some practical updates on posting requirements, reporting deadlines, and new COVID-19 leave in California.
DOL Guidance on Posting Notices for the Remote Workplace
The U.S. Department of...more
3/31/2021
/ Coronavirus/COVID-19 ,
Data Collection ,
Deadlines ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
New Guidance ,
Notice Requirements ,
Paid Sick Leave ,
Posting Requirements ,
Remote Working ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
It’s #WorkforceWednesday! In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status.
EEOC Withdraws Wellness Incentive...more
3/3/2021
/ Anti-Money Laundering ,
Biden Administration ,
Coronavirus/COVID-19 ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Labor (DOL) ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Joint Employers ,
Labor Regulations ,
OSHA ,
Proposed Rules ,
Retaliation ,
Rollbacks ,
Tip Credit ,
Tipped Employees ,
Tips ,
Vaccinations ,
Wellness Programs ,
Whistleblowers