On November 22, 2022, a Virginia Walmart employee reportedly opened fire in a staff break room, killing six co-workers and injuring several others. On January 23, 2023, a California mushroom farm employee shot and killed seven people at two locations,
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Congress Enacts New Protections for Pregnant and Nursing Employees
As part of its $1.7 trillion end-of-year spending bill, Congress passed two laws that provide new rights and protections for pregnant workers and nursing mothers – the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing
Federal Trade Commission Moves to Ban Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule banning provisions in employment agreements which prevent employees and independent contractors, for a period of time, from working for a competitor or starting a competing business. The FTC
NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union
In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of workers with respect to their ability to
Unlocking the Handcuffs: Department of Justice Obtains Guilty Plea in “No-Poach” Hiring Agreement Case
The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000. The case arose out of a concerted effort by the Federal Trade Commission and
EEOC Revises Mandatory Workplace Poster
On October 21, 2022, the Equal Employment Opportunity Commission (“EEOC”) published an updated version of its “EEO is the Law” workplace poster with a new poster entitled “Know Your Rights: Workplace Discrimination is Illegal”. The new poster is simplified in
Department of Labor Seeks to Modify Independent Contractor Standard
Employers should be preparing to take a close look at the current status of individuals they classify as independent contractors – especially those in the Construction industry.
On October 13, 2022, the Department of Labor (“DOL”) will publish a Notice
On Again, Off Again: NLRB Holds that Employers May Not Discontinue Dues Deductions Upon Expiration of a Collective Bargaining Agreement
On October 3, 2022, the National Labor Relations Board (NLRB) ruled that employers must continue deducting union dues from employees’ paychecks, pursuant to their labor contracts, even after the contracts expire. The case is Valley Hospital Medical Center, Inc., N.L.R.B.
Idiopathic Injuries: Defending Against Workers’ Compensation Claims for Unexplained Injuries
It can be a disheartening fact of life for employers that, even when they do everything right and follow all applicable safety rules and regulations to the letter, employee injuries can still happen. It is also often frustrating that those
Safety, Workers’ Comp, and Discrimination: Three Reasons Employers in Healthcare, Construction, and Manufacturing Should Examine Gender-Specific PPE
According to recent reports from the Bureau of Labor Statistics, women make up roughly 10% of jobs in the construction industry, 30% in manufacturing, and as of 2021, and 75% of healthcare and social assistance jobs.[1] Although those