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

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

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

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

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

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

Noncompete agreements used to be commonplace, particularly in employment sectors, but they have become increasingly rare in recent years. Employers historically have used noncompete and non-solicitation agreements to stop employees from competing with a company or soliciting that company’s customers for a specific period after they leave their employment. State legislative changes and court rulings have limited or Read More

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment complaints made up about 35% of all complaints received by the agency between 2018 and 2021. In addition, almost 80% of the complaints came from women. Sexual harassment may include unwanted sexual advances and unwelcome sexual commentary. It also may include conduct that denigrates or shows hostility to individuals or groups of Read More

The National Labor Relations Board (NLRB) recently issued a Notice of Proposed Rulemaking that would alter the definition of when two employers doing business with one another become joint employers. This definition is important because it determines when one employer is liable for the other employer’s unfair labor practices. Joint employers under the National Labor Relations Act (NLRA) both must bargain with the Read More

Five years ago, a tweet by actress Alyssa Milano went viral, leading women worldwide to use the now-familiar hashtag: #MeToo. The rallying cry had begun against sexual misconduct, rape culture, and sexual harassment in the workplace. A recent survey by The Shift Workshop, a New York HR consultancy firm, found that over 50% of the nearly 1,700 respondents had dealt with sexual harassment over the past 12 months. As a Read More