1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more
8/13/2020
/ Browning-Ferris Industries of California Inc. ,
Confidential Information ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
General Motors ,
Joint Employers ,
NLRB ,
Off-Duty Employees ,
Offensive Language ,
Terms and Conditions ,
Wage and Hour ,
Workplace Bullying
1.The National Labor Relations Board (NLRB) has restored a unionized employer’s right to unilaterally discipline or discharge an employee prior to executing a first collective bargaining agreement. 800 River Road Operating...more
1.The National Labor Relations Board (NLRB) implemented several parts of its new election rule that were not enjoined by a federal district court judge. The new rule aims to reform the controversial Obama-era “quickie...more
As New York State reportedly is releasing additional nonviolent offenders, coinciding with the rise of COVID-19 cases in recent weeks, and newly released individuals apply for positions, New York employers should remember...more
1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic....more
New York Governor Andrew Cuomo has signed the state’s FY 2021 Education, Labor, Housing and Family Assistance Budget Bill into law (Chapter 56, S.7506-B, A.9506-B). The Budget Bill includes developments applicable to New York...more
1.Employers affected by the COVID-19 pandemic may receive some financial relief from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, but the assistance comes with union-related strings attached for some...more
As wage reductions become a common solution to the uncertain environment resulting from the COVID-19 pandemic, U.S. employers have had to make some difficult decisions. Many have laid off or furloughed employees, while others...more
With federal and state legislation constantly evolving, and New York Governor Andrew Cuomo’s office issuing multiple executive orders, New York employers are struggling to understand their coronavirus (COVID-19) paid leave...more
The “Families First Coronavirus Response Act” (H.R. 6201) has passed the Senate and been signed by President Donald Trump.
This article discusses the paid Family and Medical Leave Act (FMLA) and paid sick leave provisions...more
The Families First Coronavirus Act (H.R. 6201) was passed by the U.S. House of Representatives in the early hours of March 14, 2020. The bipartisan legislation would extend employee sick leave benefits, expand access to free...more
1.The Trump Administration announced its intent to re-nominate National Labor Relations Board (NLRB) member Marvin Kaplan and former member Lauren McFerran. President Donald Trump is preparing a nomination package to ensure...more
The New York City Commission on Human Rights (NYCCHR) has released a factsheet providing guidance on its view of the scope of the anti-discrimination protections provided to individuals performing services as independent...more
In 2019, as in previous years, most of the new labor and employment law legislation was enacted at the state and local level.
Paid Family Leave-
Paid family leave statutes gained momentum:
As of July 1, 2019, the...more
1/20/2020
/ Employer Liability Issues ,
Gender Identity ,
Hairstyle Discrimination ,
Local Ordinance ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
Paid Family Leave Law ,
Paid Leave ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
1.The National Labor Relations Board (NLRB) has announced comprehensive changes to its election procedures, largely revamping the Obama-era “quickie” election rules. The new rules will slow down the election process greatly....more
New York state has issued guidance on its new law barring employers’ direct and indirect inquiries about an employee’s salary history that became effective on January 6, 2020. For New York City employers, the law must be read...more
In New York, 2020 will be the last year employers who employ tipped employees in car washes, nail salons, and parking garages, among other establishments, will be permitted to pay such employees a rate below the minimum wage...more
1.The National Labor Relations Board (NLRB) has clarified its test for determining whether an employee’s protected activity under the National Labor Relations Act (NLRA) was a motivating factor in employee discipline....more
As 2019 comes to a close, legislative and administrative actions in New York require consideration by employers in the state.
First, Governor Cuomo signed legislation adding reproductive rights as a protected class under...more
1. The National Labor Relations Board (NLRB) has clarified its standard for evaluating the legality of employers’ facially neutral policies, rules, or handbook provisions. LA Specialty Produce Co., 368 NLRB No. 93 (Oct. 8,...more
An employer’s confidentiality and non-disclosure rule and media contact rule do not violate the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has held. LA Specialty Produce Company, 368 NLRB...more
While courts have generally interpreted the New York City Human Rights Law (NYCHRL) as providing anti-discrimination protections to individuals performing services as independent contractors, effective in January 2020,...more
1. The National Labor Relations Board (NLRB) has adopted a new standard for determining whether contractual language acts as a waiver of a union’s right to bargain over a specific issue. MV Transportation, Inc., 368 NLRB No....more
Continuing its pattern of issuing enforcement guidance on areas on which it focuses, the New York City Commission on Human Rights has released guidance reiterating the obligations of most employers, housing providers, and...more
1.The National Labor Relations Board (NLRB) found an employer did not violate the National Labor Relations Act (NLRA) by misclassifying its employees as independent contractors. Velox Express, Inc., 368 NLRB No. 61 (Aug. 29,...more