NLRB Ruling Eases Unions’ Ability to Get Representation Elections

The National Labor Relations Board (NLRB) has issued a new ruling that modifies the language used to determine whether a group is an appropriate collective bargaining unit. The change will make it easier for unions to get representation elections, especially regarding smaller bargaining units.  In the American Steel Construction case, which the NLRB issued on December 14, 2022, the agency returns to the so-called Read More

How EPT Laws Affect PERM Recruitment Practices

Frequently, employers file Permanent Labor Certification (“PERM”) applications for foreign workers they intend to sponsor for legal permanent residency. Many states now have enacted equal pay transparency (EPT) laws that could significantly affect the recruitment portion of the PERM application process.  U.S. Department of Labor (DOL) regulations concerning PERM applications require that they publish employment Read More

U.S. Supreme Court Set to Hear Five Major Cases This Term

The conservative supermajority of the U.S. Supreme Court is set to hear arguments on some of the most contentious issues in America this term. These issues include the potential end of affirmative action and whether refusing to serve same-sex wedding clients amounts to illegal discrimination or freedom of speech. The high Court also will address a legal theory that could give state lawmakers virtually unfettered Read More

Perceptions of Pay Equity Differ Greatly Among Employers and Employees

UKG, a provider of HR, payroll, and workforce management technology services, recently sponsored a research report entitled “Making Pay Equity Work for All.” Harvard Business Review (HBR) Analytic Services completed the research that led to the report. Based on their research, HBR found that organizations are making progress in reaching pay equity between men, women, and underrepresented groups. Employees and Read More

OSHA Expands Criteria for Severe Violator Enforcement Program

The Occupational Safety and Health Administration (OSHA) has announced that it is revamping its Severe Violator Enforcement Program (SVEP) to include more criteria that may cause employers to be placed on the list. Two repeat violations at one site can qualify an employer for inclusion in the SVEP. As a result, more employers will be at increased risk of being dubbed a “severe violator,” increasing the need for Read More

Tenth Circuit Upholds Summary Judgment Ruling for United Airlines in FMLA Suit

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit, hearing the appeal of an ex-United Airlines employee in an FMLA suit, has upheld the lower court’s summary judgment, ruling in favor of the employer. In its majority opinion, the appellate court ruled that the Utah district court correctly determined that a supervisor's alleged bias against the former employee could not be attributed to United. Read More

Honda Seeks to Recoup Overpaid Bonuses from Employees

An Ohio Honda factory and an Oregon health system recently discovered that they inadvertently had overpaid their employees. Whereas Honda chose to pursue recoupment of the bonuses that it overpaid to an unknown number of its nearly 4,000 employees, St. Charles Health System of Bend, OR, ultimately dropped its demand for reimbursement of the overpaid funds after objections from workers and unions.  The Honda Read More

SPEAK Out Act Invaliding NDAs in Sexual Harassment Cases Advances in Senate

The SPEAK Out Act (S.4524), which has drawn rare bipartisan and bicameral support, despite being decidedly pro-worker, has passed both the Senate and House. The bill now has landed on President Joe Biden’s desk and is awaiting his signature.  Democrats Kirsten Gillibrand of New York and Mazie Hirono of Hawaii and Republicans Lindsey Graham of South Carolina and Marsha Blackburn of Tennessee sponsored the bill. The Read More

Understanding the Pros and Cons of Open and Structured Leave Policies

During the COVID-19 pandemic, the switch to remote work for many businesses led employees to work extended hours, particularly on weekends. As a result, workers also took fewer allotted vacation days, which led to a great deal of stress for workers. In the post-pandemic era, that trend is starting to change. This change is a positive development for workers, particularly when their employers encourage workers to Read More

Employer Liability for Active Shooters in the Workplace

In America today, mass shootings are a near-daily occurrence. According to data collected by the Gun Violence Archive, during the first seven months of 2022, 371 mass shootings took place in the U.S. that involved the injury or death of four or more people, not including the shooter. As a result, concerns about business liability for mass shootings have increased, requiring businesses to take various precautions to Read More