Top

Category: Employment & Labor


Business Law & Regulations, Employment & Labor

Keeping Up: Guidance on California’s New Pay Data Reporting for Employers

April 11, 2024

Via: National Law Review

As most employers with employees working in California or assigned to a California location know, and as we reported in “Big Brother Just Got Bigger: Expanded Pay Data Reporting Expected to Hit the Golden State,” 2022 legislation obligated employers with […]


Business Law & Regulations, Employment & Labor

Addressing Workplace Complaints: A Critical Step in Light of Whistleblower Incentives

April 10, 2024

Via: JD Supra

Prosecutors and regulators have recently offered significant financial rewards to whistleblowers to come forward in an effort to spur corporate enforcement. But whistleblowers aren’t made overnight – many times they are persuaded to act by the perception that management is […]


Business Law & Regulations, Employment & Labor

AI in the Workplace: Crafting Policies for Employees’ Use of Generative AI

April 5, 2024

Via: JD Supra

Employers who incorporate AI into the workforce should develop policies governing appropriate use of generative AI, regularly update those policies as laws and technology continue to change, and enforce their policies. Employers should consider the following provisions in their AI […]


Business Law & Regulations, Employment & Labor

Navigating the Corporate Transparency Act

April 4, 2024

Via: LexBlog

In this episode of Payments Pros, Carlin McCrory is joined by Nick St. John, director of regulatory compliance at America’s Credit Unions, to discuss the Corporate Transparency Act (CTA) and related developments from the Financial Crimes Enforcement Network (FinCEN). Enacted […]


Business Law & Regulations, Employment & Labor

OSHA Issues Final Rule Allowing Employee Third-Party Representatives to Enter Workplace – Including Labor Unions

April 2, 2024

Via: National Law Review

On March 29, 2024, the Department of Labor Occupational Safety and Health Administration (“OSHA”) released a final rule amending the Occupational Safety and Health Act of 1970 (“OSH Act”), clarifying who can serve as an employee representative to accompany the […]


Business Law & Regulations, Employment & Labor

Proposed Legislation to Reduce Workweek to 32 Hours

April 2, 2024

Via: JD Supra

Recently, Vermont Senator Bernie Sanders introduced proposed legislation that would reduce the standard workweek in the United States from 40 to 32 hours. The Bill, titled the “Thirty-Two Hour Workweek Act” (the Act), would amend Section 7 of the Fair […]


Business Law & Regulations, Employment & Labor

Sixth Circuit Highlights The Difficulty of Calculating Work-Related Expenses Under the FLSA

March 26, 2024

Via: LexBlog

On March 12, 2024, the United States Court of Appeals for the Sixth Circuit reversed two separate district court decisions addressing how pizza delivery drivers should be reimbursed for their vehicle-related expenses under the Fair Labor Standards Act (FLSA). The […]


Business Law & Regulations, Employment & Labor

Are employment policies referred to in employment contracts binding terms of employment?

March 22, 2024

Via: LexBlog

There are different legal requirements for amending terms of employment and employment policies. An employee`s consent is required in order for an employer to amend a term of employment, whilst an employer is only required to consult an employee prior […]


Business Law & Regulations, Employment & Labor

Are Your Workers Independent Contractors or Employees: A New DOL Rule Aims to Help Employers Answer That Question

March 21, 2024

Via: JD Supra

The U.S. Department of Labor’s (DOL) Wage and Hour Division updated its regulation concerning Employee or Independent Contractor Classification Under the Fair Labor Standard Act, with changes effective March 11, 2024. The revised rule finalizes the proposed rulemaking released in October 2022 with […]


Business Law & Regulations, Employment & Labor, Know Your Rights

Can You Legally Get Criminal Background Checks on Independent Contractors?

March 19, 2024

Via: JD Supra

Independent contractors can pose safety and security risks as much as employees. Some go into customer homes. Others have access to personally identifiable information and proprietary business information. Some independent contractors drive trucks making deliveries for companies identified by logos […]


Business Law & Regulations, Employment & Labor

Texas Data Privacy and Security Act: Decoding the ‘Small Business’ Exception

March 13, 2024

Via: JD Supra

As many employers now know, Senate Bill 553 (“SB 553”) mandates that covered employers implement their written Workplace Violence Prevention Plan(s) and employee training programs by July 1, 2024.  On March 1, 2024, Cal/OSHA released a model Plan which employers […]


Business Law & Regulations, Employment & Labor

Court Vacates New NLRB Joint Employer Rule

March 12, 2024

Via: JD Supra

On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11. The rule would have implemented a new […]


Business Law & Regulations, Employment & Labor

The Department Of Labor’s New Rule: Employee Versus Independent Contractor?

March 6, 2024

Via: JD Supra

In the dynamic landscape of federal regulations, significant changes have emerged in 2024 that businesses need to be aware of. One of these changes includes the redefining of the classification of “independent contractors” under the Fair Labor Standards Act (FLSA). […]


Business Law & Regulations, Employment & Labor

“You Can’t Say That!” Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

March 5, 2024

Via: National Law Review

Few governmental agencies can require private employers to permit their employees to say things on the job, in the presence of customers and co-workers, that employers don’t like. But the National Labor Relations Board can. Most employers associate the National […]


Business Law & Regulations, Employment & Labor

D.C. Expands Coverage of Minimum Wage Law

February 29, 2024

Via: JD Supra

Washington, D.C. is poised to extend the reach of its minimum wage requirements. On January 10, 2024, Washington D.C. Mayor Bowser signed the Minimum Wage Clarification Amendment Act of 2023 (B25-0134) (the “Amendment”), which modifies the circumstances under which an […]


Business Law & Regulations, Employment & Labor

Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

February 28, 2024

Via: JD Supra

The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could violate Section 7 and Section 8(a)(1) of the National Labor […]


Business Law & Regulations, Employment & Labor

Artificial Intelligence in the Workplace: Spotlight on Confidentiality Concerns

February 23, 2024

Via: JD Supra

Generative artificial intelligence (“GAI”) has the potential to revolutionize efficiency and productivity in our day-to-day working lives. But while this technology is becoming more sophisticated by the day, companies should still proceed with caution when using GAI in a workplace […]


Business Law & Regulations, Employment & Labor

Federal Trade Commission Likely to Expand Labor Enforcement to Worker-Misclassification Issues

February 22, 2024

Via: JD Supra

In a February 2, 2024 keynote speech to antitrust enforcers and practitioners, Commissioner Alvaro M. Bedoya argued that the U.S. Federal Trade Commission (“FTC”) should challenge worker misclassification as a violation of the FTC Act’s ban on “unfair methods of […]


Business Law & Regulations, Employment & Labor

DEI Under Scrutiny, Part V: Proposed Utah Bill Would Have Extended Restrictions on DEI to Private Employers’ Training Programs

February 20, 2024

Via: JD Supra

States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill recently considered by Utah lawmakers raised concerns […]


Business Law & Regulations, Employment & Labor

Union Petitions Spike in 2022 and 2023, Ogletree Deakins NLRB Data Tracking Shows

February 19, 2024

Via: JD Supra

Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while the average time to close […]