On March 20th, the Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal for certification of contractor affirmative action program compliance will be open beginning on
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.
Latest from Labor & Employment Law Perspectives - Page 7
The Third Circuit Concludes that “Salary” Does Not Include PTO
On March 15, 2023, the U.S. Court of Appeals for the Third Circuit (covering Delaware, New Jersey, and Pennsylvania) held that paid time off is not part of an employee’s salary for purposes of the Fair Labor Standards Act (FLSA).…
Illinois’s Biometric Law Damages Are Ballooning: How Do Employers Become and Stay Compliant?
One of the more significant Illinois legal developments in the past month were two Illinois Supreme Court orders interpreting the state’s onerous Biometric Information Protection Act (BIPA). We recently examined how these rulings: (1) expanded the applicable statute of limitations…
Time is ‘TikTok’-ing — ‘Being Real’ About Preemptively Addressing Employees’ Confidentiality and Privacy Breaches on Social Media
The newest and hottest forms of social media — TikTok and BeReal — pose similar risks to an employer’s workplace as did the “old” forms, like Snapchat, Instagram, and Facebook; namely, that employees can unintentionally (or intentionally) expose confidential or…
FAQs In Light of Uncertain Financial Times
Notwithstanding the very recent good news that it appears the federal government and regulators currently have control and a plan in place to limit the impact of Silicon Valley Bank’s (SVB) and Signature Bank’s recent failures (including a pledge to…
Not Enough Money to Make the Next Payroll? Know the Law Before You Act
Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced with these circumstances, employers may not have enough…
NLRB Expands Focus to Worker Debt and Surveillance
Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Protection Financial Bureau (CFBP), intended to crack down on “employer-driven debt” as well as worker surveillance and selling of personal data. This move…
“I Do Not Recall Signing” Defense Can Be Insufficient to Evade Arbitration
Historically, a common tactic used by employees to evade mandatory arbitration is to claim they do not recall signing an arbitration agreement bearing their signature. In a 2021 case, Gamboa v. Northeast Community Clinic, the California Court of Appeal…
DOJ Issues New Corporate Compliance Guidance for Compensation Clawbacks and Messaging Apps
On March 3, 2023, the Department of Justice (DOJ) announced noteworthy updates to its Evaluation of Corporate Compliance Programs (ECCP) guidance. In remarks at the American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco and…
Intelligent Hiring: AI Recruiting Tools Get EEOC Scrutiny
The U.S. Equal Employment Opportunity Commission (EEOC) recently released its Draft Strategic Enforcement Plan for 2023-2027 (SEP), outlining the agency’s goals and priorities for enforcing federal employment anti-discrimination laws. One key area of focus in the plan is employers’ use…