Showing 35 posts from 2023.

NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election

August 28, 2023 by Tom H. Luetkemeyer

The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy Silk doctrine. The practical impact of the NLRB's decision in Cemex Construction Materials Pacific, LLC is that recourse to a private ballot election to test a union's claim of majority support may decline. This decision also likely will limit the right of employees to a private ballot election free of coercion as they decide whether to support a union as their exclusive bargaining representative. More ›

EEOC Announces Proposed Regulations to Enforce the Pregnancy Workers Fairness Act

August 15, 2023 by Amanda Tzivas

On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) published a notice of proposed rulemaking (NPRM) to issue regulations that would support the implementation and enforcement of the Pregnant Workers Fairness Act (PWFA).[1] Enacted in 2022, the PWFA requires covered entities (i.e., private and public sector employees with at least fifteen employees, Congress, federal agencies, employment agencies, and labor organizations)[2] to provide reasonable accommodations to qualified employees or applicants with known limitations relating to pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship on the covered entities' business operations. The PFWA became effective on June 27, 2023. More ›

New York City Prohibits Discrimination Based on Height or Weight

August 14, 2023 by Jason S. Greenfield

Earlier this year, Mayor Eric Adams signed a bill amending the New York City Human Rights Law, prohibiting discrimination on the basis of an individual's height or weight. Set to go into effect on November 22, 2023, the bill does permit an employer to consider height or weight under the following limited situations: More ›

New York is Nearing a Ban on Non-Compete Agreements

July 13, 2023 by Jason S. Greenfield

On June 20, 2023, the New York State Legislature voted to pass a bill that will ban almost all non-compete agreements. Currently awaiting Governor Kathy Hochul's signature, the bill prohibits an "employer or its agent, or the officer or agent of any corporation, partnership, limited liability company, or other entity" from seeking, requiring, demanding or accepting a non-compete agreement from a covered individual. Additionally, the bill voids "every contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind." More ›

SCOTUS Strikes Down Affirmative Action in College Admissions as Unconstitutional, Raising Questions About the Impact on Employment Policies

July 5, 2023 by Amanda Tzivas

On June 29, 2023, the U.S. Supreme Court, in a 6-3 decision, held that the race-conscious admissions systems used by Harvard College (Harvard) and the University of North Carolina (UNC) are unconstitutional, prohibiting the consideration of an applicant's race when making an admission decision. The practice of considering an applicant's race when making an admission decision had previously been recognized by the court as lawful for 45 years. More ›

U.S. Supreme Court Issues Ground-Breaking Decision on Religious Accommodations in the Workplace

July 3, 2023 by V. Brette Bensinger

On June 29, 2023, the U.S. Supreme Court issued Groff v. Dejoy, a ground-breaking decision that changes a long-recognized standard for religious accommodations in the workplace. This new interpretation effectively expands an employer's obligation to provide religious accommodations. For years, appellate courts recognized an employer's authority to reject a religious accommodation merely by showing it creates a de minimus burden on the employer or co-workers. With this decision, the Court rejected the routine application of the de minimus standard in favor of one where the employer must show the "accommodation would result in substantial increased costs in relation to the conduct of its particular business" if rejected. Now an employer must make an individualized assessment as to the impact of the accommodation, taking into account the employer’s nature, size, and resources. Even where the requested accommodation would result in substantially increased costs, the employer is obligated to evaluate the feasibility of alternative accommodations. More ›

FAQs: Florida Requires Certain Employers to Use Federal E-Verify System to Confirm Employees are Legally Eligible to Work

June 30, 2023 by Lauren Swanson, Andrew M. Gordon

Beginning on July 1, 2023, private employers in Florida with more than 25 employees will be required to use the federal E-Verify system for all new hires in order to verify that newly hired employees are legally authorized to work in the U.S. The 25-employee threshold refers to the total number of company employees, not just those employees who work in Florida. Covered Florida employers must enroll in E-Verify using the E-Verify.gov website and follow the registration process. E-Verify requires the employer to transcribe a new hire’s information from his or her I-9 into E-Verify, which will confirm whether the new hire is authorized to work in the U.S. Employers who do not comply with this new law will be subjected to stiff penalties for noncompliance, including costly daily fines and suspension and/or revocation of state licenses. The penalties for noncompliance will take effect July 1, 2024. More ›

New York State Minimum Wage Set to Increase in 2024

June 26, 2023 by Jason S. Greenfield

On May 3, 2023, Governor Kathy Hochul signed the New York State 2024 Budget Agreement into law, which contained increases to the State's minimum wage. New York State's minimum wage rate is divided into two regions: (1) "Downstate," which consists of New York City (New York, Kings, Queens, Bronx, and Richmond Counties), Nassau County, Suffolk County, and Westchester County; and (2) "The remainder of the State." More ›

NLRB General Counsel Memo Argues Non-Compete Agreements Violate the NLRA

June 2, 2023 by Tom H. Luetkemeyer

The General Counsel of the National Labor Relations Board (the Board) took aim at non-compete and non-solicitation agreements in Memorandum GC 23-08, issued on May 30, 2023. The General Counsel of the Board, Jennifer Abruzzo, said she believes that except in limited circumstances, the "proffer, maintenance, and enforcement of non-compete agreements" violates Section 8(a)(1) of the National Labor Relations Act (the Act). Memoranda such as this reflect the prosecutorial perspective of the General Counsel's office and direction to the Regional Directors on case handling. That said, Memorandum GC 23-08 is not a decision of the Board, a rule promulgated by the Board under its rule-making authority, or the result of a challenge to a Board decision in federal court. However, it certainly forecasts how this General Counsel and the Regions will assess non-competes and handle unfair labor practice charges involving these covenants. More ›

PUMP Act Makes Employers Liable for Violations of Break Times or Private Spaces for Nursing Mothers

April 27, 2023 by Linda K. Horras

Hopefully, employers are already providing a private space for nursing mothers to express milk and sufficient break time to do so as required by the Fair Labor Standards Act (FLSA). The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), passed on December 29, 2022, further solidifies these requirements and makes employers liable for appropriate legal or equitable remedies under the FLSA. More ›

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