Bailey Cavalieri LLC

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Latest from Bailey Cavalieri LLC

Today, February 26, 2020, the National Labor Relations Board (NLRB) published its final rule for whether affiliated businesses are “joint employers” for purposes of labor law. This rule has broad reach in the franchising and staffing industries. The new rule replaces a test created by the NLRB under the Obama Administration in 2015 in Browning-Ferris Industries. Under Browning-Ferris Industries, a company could face joint employer liability if it had “indirect control” over another company’s employees or…
Office romances happen, whether HR or management is aware or not. When they do, management and HR are often at a loss as to what to do.  For starters, don’t bury your head in the sand. Here are 3 tips to deal with romance in the workplace. Happy Valentine’s Day 1. Have a sexual harassment policy. Have a sexual harassment policy. And don’t just have one—have a well-written and updated policy. The policy should define…
The federal Equal Employment Opportunity Commission (EEOC) released its fiscal year 2019 data on charges filed with the agency. For the fiscal year that ended September 30, 2019, there were 72,675 charges filed nationwide. The most frequently filed charge basis continues to be retaliation–representing 53.8% of all charges (39,110 charges). Retaliation was followed by disability (33.4%), race (33.0%), and sex (32.4%).The full breakdown is as follows: Retaliation: 39,110 (53.8 percent of all charges filed) Disability:…
Chief Justice John Roberts is worried that lowering the bar for proving intent for age discrimination could result in social media memes becoming key indirect evidence of discriminatory intent. On January 15, 2020 in oral argument, when the plaintiff in Babb v. Wilkie suggested that showing that age was a “motivating factor” in an employment action, rather than showing that it was the determining factor, Justice Roberts suggested that uttering “OK, Boomer” in a joking manner…
The federal Department of Labor finalized regulations–to take effect in March 2020–loosening the test for joint employment. Employers that rely heavily on temporary and/or staffing agencies for workers and businesses that have franchisor-franchisee contracts will find some relief in the new test. Recall that the Obama administration in 2016 expanded joint employment liability through a guidance memo calling for greater scrutiny of joint employment relationships. The Trump DOL rescinded that guidance in 2017, reverting back…
OFCCP published an updated Federal Contract Compliance Manual (FCCM) on December 30, 2019. Federal contractors and subcontractors should take notice of the changes. All businesses should use this as a reminder to review contracts and purchase orders and re-determine whether they are a covered federal contractor or subcontractor with affirmative action obligations. Notable changes in the updated FCCM: New protected classes: sexual orientation, gender identity, and discussing or inquiring about compensation Updated language for Section…
The National Labor Relations Board (“NLRB” or “Board”) in a series of policy moves and case decisions has taken a more employer-friendly turn. Of note: Caesars Entertainment, which said that employers can restrict work email use to business use and prevent employees from using work email for union organizing or union business; Apogee Retail, which said that employers can prohibit employees from discussing pending workplace investigations; and “Quickie election” rules scaled back. What does this…
The rate of lawsuits filed in federal courts related to website and app accessibility has now hit a rate of one-an-hour—that’s 8 per day, 40 per week, and possibly over 2,000 lawsuits this year. Research of federal dockets shows that cases settle—and settle fast. Most cases do not go into discovery and do not even last 60 days before they are voluntarily dismissed. Why? It’s cheaper to settle than defend. And the lawyers filing these…
The Department of Labor unveiled its final rule updating the salary threshold for so-called “white collar” exempt employees. The final rule, effective January 1, 2020, raises the salary threshold to qualify for one of the “EAP” exemptions to $35,568 per year or $684 per week. The current threshold is $23,660 per year. The Obama administration had proposed a $47,476 cutoff, which was struck down in a court challenge. Recall that the EAP exemptions are the…