In November, the National Labor Relations Board (NLRB) issued two rulings that overturned long-standing precedents. One case outlawed mandatory or so-called “captive audience” meetings by employers, and the other established a new standard for evaluating employee statements on the potential effects of unionization. Both decisions apply only prospectively, not retroactively. First, in the Siren Retail Corp d/b/a Read More

On July 2, 2024, the Occupational Health and Safety Administration (OSHA) published a proposed heat safety rule to protect all industry workers from extreme heat. The public has until December 30, 2024, to submit comments on the rule. However, most believe the incoming Trump administration is unlikely to finalize the rule. Federal agencies typically take several months to review comments, potentially revise the Read More

The U.S. Department of Labor (DOL) recently issued guidelines for employers on principles and best practices for artificial intelligence (AI) and employer well-being. These guidelines build on the Biden administration’s 2023 executive order on AI, which stressed the need to ensure that AI supports and provides worker opportunities rather than harms and expands inequalities. The Partnership on AI, which consists of Read More

The New York City Council is considering a bill (Int. 1089-2024) that would provide paid time off for New York City workers to care for their pets. The council planned to refer the bill to its Consumer and Worker Protection Committee. If passed, New York City would be one of the only jurisdictions in the nation to mandate paid time off for workers to care for their sick or injured animals. A local law in Read More

The National Council of Field Labor Locals (NCFLL), the DOL’s largest employee union, which represents about 7,500 employees, has announced that the U.S. Department of Labor (DOL) is requiring remote workers to return to the office as of December 1, 2024. In November 2023, the DOL issued a return-to-office mandate for remote workers beginning in January 2024. NCFLL challenged the requirement, which DOL deferred until Read More

The U.S. Court of Appeals for the Ninth Circuit recently joined four other circuit courts of appeals in ruling that an employer need not seek second or third medical opinions before contesting a doctor’s certification of a serious health condition under the Family and Medical Leave Act (FMLA). The case is Perez v. Barrick Goldstrike Mines Inc., 9th Circuit, No. 23-15043 (June 28, 2024), petition for panel rehearing Read More

The U.S. Court of Appeals for the D.C. Circuit recently ruled that an employer may not require an employee to telework from home as a reasonable accommodation for their disability when the employee would rather work in person. The case is Ali v. Regan, D.C. Cir., No. 22-5124 (Aug. 9, 2024). The plaintiff worked as an economist for the U.S. Environmental Protection Agency (EPA). He suffered from severe allergies, Read More

Julie Su, Acting Director of the National Labor Relations Board (NLRB), recently announced that union petitions in American workplaces have more than doubled in fiscal year (FY) 2024 as compared to FY 2021. The number of petitions is up 27% in FY 2024, when the NLRB received 3,286 petitions, from FY 2023, when the NLRB received 2,593 petitions. Su pointed to the failed economic policies of the past as the impetus Read More

Whether employees work in the office or remotely, most communications take place via email, Slack, Zoom, Teams, and similar virtual collaborative programs. However, uncivil behavior is increasingly permeating online communications and seems to occur more frequently than in person, leading to a toxic workplace atmosphere. Increased virtual hostility stems from online disinhibition, a phenomenon in which people feel Read More

Litigation continues in various federal courts nationwide over the Federal Trade Commission's (FTC) rule banning most non-compete agreements. With the most recent court decision in Texas implementing a nationwide injunction as to the FTC rule, it is not likely that the rule will go into effect as planned on September 4, 2024, as most employers had expected. Texas Judge Issues Nationwide Injunction Striking Down Read More