Harassment prevention is still a top priority for federal agencies (which means it should be a priority for all employers). Last spring, we blogged about the EEOC’s guidance on this issue, and now the OFCCP has issued its own
Labor & Employment Insights
Perspectives in labor and employment law affecting employers and businesses
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Pass the FLSA Sauce! 5 Employment Law Happenings That May Make You Thankful
With Thanksgiving right around the corner, now is the perfect time to reflect on things for which we have to be thankful. In the ever-evolving world of labor and employment law, there have been several significant developments over the past…
That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption
By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025 affecting the…
Happy Workers and Robots? DOL Guidance on AI and Well-Being
The landscape of employment is undergoing a seismic shift as employers increasingly integrate technology, particularly artificial intelligence (AI), into workplace practices. AI workplace uses include a variety of applications, such as resume screening, employee monitoring software, and video interviewing tools…
Not Your Grandparents’ Unions: NLRB Sees Large Rise in Organizing Petitions
The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of petitions received…
Discouraging Discouragement: In Kemp v. Regeneron Pharmaceuticals, the 2nd Circuit Finds FMLA Violation Without Outright Denial of Benefits
Most employers have gotten the hang of handling FMLA requests: Make sure the employee is eligible; get paperwork from the provider; and monitor the amount of time taken. Whether all supervisors are overjoyed with every employee’s desire to take off due to a…
Where Are We on Noncompetes? Update on the Federal Role
We have news on two fronts:
First, the FTC Rule
As related to the Federal Trade Commission’s nationwide ban on noncompete agreements, the FTC has appealed the federal court injunction in Texas to the federal Fifth Circuit Court of Appeals…
No. 8 Employers Have 15 Working Days to Contest a Citation but Have the Option to Negotiate a Settlement with OSHA Before That Deadline
What happens if OSHA issues a citation and you do not agree with any or all of it? You have 15 working days from the date you receive the citation to contest in writing the citation, proposed penalty, and/or the…
No. 7 OSHA Can Issue Citations for Unsafe Work Conditions That Do Not Violate Any Specific OSHA Standard
Many employers have a false notion that OSHA cannot issue a citation if there is no specific standard violated.
The reality is, however, that OSHA has a catchall/gap filler provision that allows it to cite an employer even if no…
Recent EEOC Activity and What to Watch For
In recent weeks, the EEOC has filed a number of lawsuits on behalf of individuals, alleging a range of employment claims. Here, we provide a brief overview of those lawsuits and the issues that may be on the EEOC’s mind.…