Labor and Employment Law Center

Information on the latest labor and employment legal and regulatory developments and how they may impact your business.

How the Chevron Decision Limits NLRB Influence

In light of the Chevron, it will be more difficult for the NLRB to expand its reach and issue new remedies for violations of the National Labor Relations Act and will no longer be able to engage in sea shifting legal changes.

Supreme Court Limits NLRB Injunctive Powers

Following a recent U.S. Supreme Court decision, the National Labor Relations Board’s burden to secure injunctions against employers has been significantly raised.
professionals around a table

Employers Take Note: EEOC Releases New Guidance Addressing Workplace Misconduct

On April 29, the Equal Employment Opportunity Commission finalized its harassment guidelines that supersede previous editions and address gender identity, social media and telework.

FTC Bans Employee Noncompete Agreements

If permitted to go into effect, the rule will have a profound impact on how U.S. businesses hire, train and pay workers and protect sensitive business information.
Pregnant lady

Final Pregnant Workers Fairness Act Maintains Broad Definitions for Conditions Requiring Accommodation

Effective June 19, 2024, the Equal Employment Opportunity Commission’s final rules to the Pregnant Workers Fairness Act requires accommodation to conditions including those brought about by “having, or choosing not to have, an abortion.”
Group of workers on strike in the city

NLRB Reports That Significant Increase in Union Election Petition Activity Will Likely Continue

As more and more workforces are seeking to unionize, it is critical that employers understand their rights and obligations under the National Labor Relations Act.
Group of Factory Workers

The Occupational Safety and Health Administration Issues Final “Walkaround Rule”

OSHA announced a final rule establishing the rights of employees to choose a representative to accompany OSHA officials on worksite inspections.
Clock and Calendar on Blue green Background

Federal Court Upholds Employment Application’s Statute of Limitation Provision for Filing Lawsuits

To stave off potential lawsuit claims, employers have the option of including a statute of limitation provision for employment applications.
independent contractor or employee road sign

DOL Issues Final Rule on Determinations for Independent Contractor and Employee Status

The rule relies on a multifactor “economic reality test” and totality of the circumstances analysis to determine an individual’s status.
Group of workers on strike in the city

NLRB Issues Insight into Cemex Decision

The NLRB memo provides important insight into union recognition and the new requirements that employers will have to abide by regarding bargaining obligations.

NLRB Issues Final Rule: Standard Used to Determine Joint-Employer Status

The new NLRB rule contemplates joint employer status regardless of whether control is actually exercised, and without regard to whether the exercise of control is direct or indirect. 
Female employee at work reading through a stack of papers

Implications of the Pregnant Workers Fairness Act and PUMP Act Compliance

The Pregnant Workers Fairness Act went into effect on June 27, 2023, and the Equal Employment Opportunity Commission recently issued its proposed PWFA regulations.
 
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