The U.S. Department of Labor (DOL) recently rocked the business world when it announced a Proposed Rule that, if implemented in its current form, would force employers around the country to increase salaries for millions of currently exempt workers or
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What’s Mine is Yours and What’s Yours is Mine: The NLRB’s New Joint Employer Rule Vastly Expands Joint Employer Status
Do you know who your employees are? It seems pretty simple – those individuals on your payroll whose employment you control and supervise, right? Not so fast, says the National Labor Relations Board (NLRB or Board). Under the NLRB’s new…
Looking for Skeletons in the Closet? Avoid These Background Check Mistakes
A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after…
It’s a Bird! It’s a Plane! No, It’s Domestic Visa Renewal!
By Zain Abidi
Every few years, employees working in the United States on nonimmigrant visas such as the H-1B and L-1 are forced to undertake the arduous journey to renew their visas at a consular post abroad. A valid visa is needed to…
LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century
The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets forth the legal standards applicable to harassment claims under federal law and provides…
Fifth Circuit Inches Adverse Employment Action Marker Closer to Title VII Goalpost, But Potentially Punts to Supreme Court for the Ultimate Decision
By Paige Newman
Title VII prohibits discrimination against an individual with respect to their compensation, terms, conditions, or privileges of employment, based on certain protected characteristics, but how material must an adverse action or change in status be? Title VII does not define…
Alert: The 2022 EEO-1 Collection Period Will Begin October 31
EEO-1 reporting season will soon be upon us. As we previously wrote, the 2022 EEO-1 reporting deadline has been a moving target. Almost since its founding in the 1960’s, the Equal Employment Opportunity Commission (EEOC) has collected data from employers…
Cemex Construction NLRB Decision
By Cassidy Mara
It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue a bargaining order…
As School Bells Ring, Employers Should Review School-Related Activities Leave Policies
Another school year is upon us, which means employers around the country should study up on school-related activities leave policies. While there is no federal law mandating that employers give employees time-off to attend school-related activities for their children,…
Baby on the Way!… And So Are Accommodations for Pregnant Workers
Pregnant workers seeking workplace accommodations can expect a less bumpy ride ahead, due to the delivery of the Pregnant Workers Fairness Act (PWFA). The PWFA protects employees and applicants who have known limitations relating to pregnancy, childbirth, or a related…