The National Labor Relations Board (NLRB or Board) has cleared an employer of unfair labor practice charges over its firing of two employees who organized a political protest at the company’s headquarters. In a recently released advice memo, an attorney
HR Law Talk
HR Law Talk, published by Bass, Berry & Sims PLC, focuses on labor and employment law issues affecting employers. The blog covers topics such as employee classification and misclassification, noncompete agreements, state and federal regulatory compliance, employee benefits including ERISA welfare plans, pharmacy benefit manager (PBM) laws, and the impact of healthcare developments on employer-sponsored plans. It provides analysis of legal rulings, legislative changes, and enforcement trends relevant to human resources and employment law practitioners. The content is aimed at helping employers navigate complex and evolving legal requirements in workforce management and benefits administration.
Second Circuit Rejects NLRB’s Tesla Dress Code Test: What the Starbucks Reserve Roastery Ruling Means for Employer Uniform Policies Under the NLRA
The U.S. Court of Appeals for the Second Circuit recently issued a decision that could make it meaningfully easier for employers to defend workplace dress code and uniform policies against unfair labor practice challenges under the National Labor Relations Act…
How the State Department’s Immigrant Visa Appointment Pause Affects Employers and HR Teams
By Nora Katz
I recently authored an article for HR.com discussing the U.S. Department of State’s indefinite pause on immigrant visa appointments and what it means for employers and HR teams. The pause affects individuals pursuing U.S. permanent residence through consular processing abroad,…
False Claims Act Enforcement and Employment Practices: What Federal Contractors Need to Know
In my recent interview with Federal News Network, I discussed the Department of Justice’s increasing use of the False Claims Act (FCA) to pursue allegations related to employment practices at federal contractors and what recent enforcement activity means for…
Starbucks Settlement Adds to Growing Scrutiny of Corporate DEI Programs
On September 17, Florida Attorney General James Uthmeier announced that Starbucks agreed to pay $1 million and undertake several commitments to resolve a lawsuit alleging that Starbucks engaged in employment practices that violated the Florida Civil Rights Act through race-…
DOJ Continues DEI False Claims Act Enforcement with $25 Million Accenture Settlement
On September 14, the U.S. Department of Justice (DOJ) announced that Accenture Federal Services (AFS), Accenture plc, and Accenture LLP (collectively, Accenture or AFS) agreed to pay $25 million to resolve allegations that AFS violated the False Claims Act (FCA)…
Tobacco Surcharge Claims Up in Smoke? DOL, HHS, and Treasury Issue FAQ 74: Addressing Questions Raised by Tobacco Surcharge Lawsuits
By Susie Bilbro, Doug Dahl & Will Gebo
On August 26, the U.S. Departments of Labor, Health and Human Services, and the Treasury (the Tri-Agencies) jointly issued FAQ Part 74, new guidance addressing HIPAA wellness program rules under the Affordable Care Act (ACA). The guidance responds directly…
Deloitte DEI Settlement Highlights False Claims Act Risk at Both Federal and State Levels
The U.S. Department of Justice (DOJ) announced on August 25 that Deloitte has agreed to pay $21.5 million to resolve allegations that certain diversity, equity, and inclusion (DEI) practices discriminated against employees and applicants based on race or sex and…
NLRB Gains 3-1 Republican Majority, Setting Stage for Major Policy Shifts
On August 7, James Macy, a Republican, was confirmed by the Senate to become the third Republican member of the National Labor Relations Board (NLRB or Board). David Prouty, a Democrat, was recently re-appointed by President Trump and was confirmed…
Federal Appeals Court Strikes Down NLRB’s Successor Bar, Changing Labor Analysis for Business Acquisitions
The U.S. Court of Appeals for the D.C. Circuit has invalidated the National Labor Relations Board’s (NLRB or Board) “successor bar,” which required certain buyers of unionized businesses to recognize and bargain with the incumbent union for up to one…