On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that have a reasonable tendency to
Labor & Employment Law Perspectives
Labor & Employment Law Perspectives, published by Foley & Lardner LLP, focuses on legal developments and regulatory changes affecting labor and employment practices. The blog covers topics such as paid leave laws, wage and hour regulations, joint employer standards, pay transparency requirements, workplace discrimination, labor relations, and the impact of emerging technologies like artificial intelligence on employment. It addresses compliance strategies, legislative updates, and practical implications for employers and employees, with attention to federal and state-level policies. The content is relevant for HR professionals, legal practitioners, and business leaders managing workforce-related legal risks and obligations.
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Threat of Harm to Others — What’s an Employer to Do?
An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the employer…
EEOC Targets AI-Based Hiring Practices in Landmark Settlement
As we have previously written, with artificial intelligence (AI) tools and machine learning continuing to evolve and improve, organizations are relying increasingly on such tools for assistance in recruiting, screening, and hiring prospective job candidates in an ever more…
EEOC’S Proposed Regulations Interpret the Pregnant Workers Fairness Act
As our readers may be aware, President Biden ended 2022 by signing the Pregnant Workers Fairness Act (PWFA) into law. The PWFA requires employers with at least 15 employees to provide reasonable accommodations to a qualified employee’s or applicant’s known…
Utah Passes HB 324 “Workplace Violence Protective Order,” Joining Other States in Providing Employees Additional Means for Protection against Workplace Violence
By Tyler Dever
During the 2023 legislative session, Utah passed HB 324, which provides employers the ability to seek a workplace protective order on behalf of employees under certain circumstances. Utah’s Workplace Violence Protective Order (found at Utah Code section 78B-7-1101 et. seq.)…
States Take Efforts to Limit Protections Afforded by Local Employment Laws
Employment policies often state that they will be administered in accordance with “applicable federal, state, or local law.” However, when it comes to local law, the second- and third-largest states in the U.S. have acted to put the brakes on…
OSHA Changes Electronic Reporting Requirements for Some Employers
On July 17, 2023, the Occupational Safety and Health Administration (OSHA) issued a new final rule amending its occupational injury and illness recordkeeping regulation and imposing new electronic reporting requirements on some employers. The amended regulation will go into effect…
DHS Announces New Version of Form I-9 and New I-9 Remote Document Verification Procedure for E-Verify Employers
The United States Department of Homeland Security (DHS) recently announced two significant changes regarding Form I-9, Employment Eligibility Verification. First, DHS is issuing a new version of Form I-9. Second, as of August 1, 2023, DHS will allow…
Employers Beware: The Potential Employment-Related Impacts of 303 Creative LLC v. Elenis
On the final day of the 2022-23 term, the U.S. Supreme Court issued its decision in 303 Creative LLC v. Elenis. In its decision, the Supreme Court held that forcing a single-member company to design websites for weddings of…