Decisions and policies under the National Labor Relations Board ("NLRB" or "Board") have become increasingly politicized the last few decades resulting in significant swings between pro-employer and pro-union/employee...more
1/9/2025
/ Collective Bargaining ,
Corporate Counsel ,
Employees ,
Employment Policies ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRB ,
Section 7 ,
Trump Administration ,
Unions
America has made it across the finish line for the 47th time: Donald Trump has been elected the country's new president.
The 2024 presidential election is set to have far-reaching implications for both employers and...more
11/8/2024
/ Affordable Care Act ,
Biden Administration ,
Educational Institutions ,
Election Results ,
Employee Benefits ,
Energy Sector ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Minimum Wage ,
NLRB ,
Onshoring ,
Over-Time ,
Presidential Elections ,
Technology Sector ,
Tips ,
Trump Administration ,
Unions ,
Wage and Hour
As we head into the final weeks of the 2024 election campaigns, it's likely that American workplaces will be filled with employees discussing, arguing over, and participating in one of the country's hundreds of local,...more
A West Virginia law introduced as the "Save Women's Sports Act," which banned transgender athletes from competing on girls' and women's sports teams, was recently struck down by the Fourth Circuit Court of Appeals. ...more
The Supreme Court recently heard the case of Muldrow v. City of St. Louis, a decision that could expand the scope of Title VII’s discrimination protections. With this case, the Court could expose all of an organization’s...more
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace (Proposed Enforcement Guidance), which will supersede its prior guidance on...more
11/7/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Causation ,
Electronic Communications ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Guidance Update ,
Harassment ,
Hostile Environment ,
Proposed Guidance ,
Protected Class ,
Sexual Orientation ,
Sexual Orientation Discrimination
On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more
6/19/2023
/ ABC Test ,
Control Test ,
Employee Definition ,
Employer Liability Issues ,
Entrepreneurs ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Wage and Hour
On Monday May 1, 2023, the NLRB issued a decision that makes it more difficult for employers to discipline or terminate employees who have engaged in "abusive conduct." This decision, Lion Elastomers LLC II, overturns the...more
On April 7, 2023, a proposed rule seeking to broaden "persuader" activity reporting requirements on the LM-10 Disclosure Form (the Disclosure Form) was sent to the Office of Management and Budget (OMB) for review, signaling...more
As is often the case, when a presidential administration changes, so may a prior rule issued by the National Labor Relation Boards (NLRB or the Board). On February 21, 2023, the Board returned to its pre-Trump administration...more
Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more
2/23/2023
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Leave of Absence ,
Medical Leave ,
Reasonable Accommodation ,
Sick Leave ,
Undue Hardship ,
Wage and Hour
On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more
In July 2022, the DC Council approved modifications to its previously enacted Ban on Non-Compete Agreements Amendment Act (the "Act"), previously discussed here. The Act, which had yet to take effect, contained some of...more
On May 25, 2022, the U.S. Department of Labor (DOL) announced that the Wage and Hour Division (WHD) published new Family and Medical Leave Act (FMLA) Guidance. The DOL explained that the new Fact Sheet and Frequently Asked...more
On April 9, 2022, the Maryland legislature voted to override Governor Hogan's veto and passed a paid family and medical leave insurance program (Time to Care Act). Maryland is the tenth state to enact paid family and medical...more
As the pandemic appears to subside, employers are grappling with whether and how to maintain remote work. For some employers, this means revisiting their pre-pandemic remote work policy; for others this means deciding whether...more