Seek “Recent Graduates” for a Job Opening, Risk a Lawsuit
Employer job advertisements are, once again, coming under scrutiny. A few weeks ago, the U.S. Equal Employment Opportunity Commission (EEOC) made headlines when it filed a lawsuit against a restaurant...
View ArticleLabor Board Hounded by Another Appointment Controversy
For much of the Obama Administration, the National Labor Relations Board (Board) has been operating as, at least from the perspective of some, a rogue agency (and not just because of its willingness to...
View ArticleBe Careful What You Say During a Union Organizing Campaign
At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that...
View ArticleSeventh Circuit Reins in EEOC: Agency Cannot Bypass Conciliation Requirement
On December 17, the Seventh Circuit in U.S. Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-3653 (7th Cir. Dec. 17, 2015), rejected the EEOC’s aggressive effort to sue an employer...
View ArticleDOL Asserts “As Broad as Possible” Joint Employer Standard for Wage and Hour...
In new guidance issued on January 20, the Department of Labor (DOL) has aggressively interpreted its authority “as broad as possible” to hold employers responsible for wage and hour violations...
View ArticleNew DOL Joint Employment Standards Affect Auto Employers
Joint employer relationships are commonplace in the automotive industry. From auto makers that contract with other companies for parts to auto dealers that utilize franchise arrangements, the auto...
View ArticleDOL’s Increased Salary Test: What Employers Need to Know
For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would...
View ArticleMoving Away From The “Mad Men” Era: The OFCCP Updates Its Sex Discrimination...
For the first time since 1970, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is updating its sex discrimination guidelines for federal contractors. These updates,...
View ArticleCourt Blocks Overtime Rule; Employers Off the Hook on December 1 Changes (For...
On November 22, 2016, a federal judge in Texas issued a temporary nationwide injunction preventing the U.S. Department of Labor’s (DOL’s) overtime rule from taking effect on December 1. We discussed...
View ArticleExpanded Joint Employer Standard Under Attack; What Employers Should Do in...
It appears that the days of expanded joint employer liability may be numbered, as the National Labor Relations Board’s (NLRB) 2015 Browning-Ferris decision comes under attack on multiple...
View ArticleKeep Identifying Information out of Job Applications and Advertisements
Certain job advertisements have drawn media scrutiny in recent weeks, including dozens of postings seeking applicants with a “neutral” accent for language teaching, sales, and IT support jobs. Another...
View ArticleTop Legal Issues Facing the Automotive Industry in 2018
Foley’s Automotive Industry Team has prepared this report examining what the litigation, enforcement and regulatory landscape is likely to look like in 2018 and beyond. Inside, you will learn about:...
View ArticleLiability for Employee Misclassification is on the NLRB’s Chopping Block
The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB...
View ArticleOFCCP Signals Emphasis on “Religious Liberty” in Federal Contractor Compliance
On August 10, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new policy directive aimed at protecting the religious freedom of employees and ensuring a “level...
View ArticleTop Legal Issues Facing the Automotive Industry in 2019
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can...
View ArticleOSHA Penalty Increases Take Effect; Annual Summary Posting and Reporting...
On January 23, 2019, the Occupational Safety and Health Administration (OSHA) increased the maximum civil penalties that employers can receive for health and safety violations by 2.5 percent to account...
View ArticleDOL at it Again: New Proposed Rules Published to Clarify Regular Rate
On March 28, 2019, the U.S. Department of Labor (DOL) announced a new proposed rule that would clarify that certain payments and benefits provided by employers do not factor in to employees’ “regular...
View ArticleDOL Breaks Record in Wage and Hour Enforcement – Time to Consider Self-Audits
Those who believed the Trump administration would scale back the Obama-era Department of Labor’s (DOL’s) aggressive enforcement of wage and hour laws may be surprised to learn that the DOL recently...
View ArticleManaging the Commercial Impact of the Coronavirus: OSHA Provides Guidance...
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation...
View ArticleOSHA Guidance on Respirator Fit-Testing in Health Care During COVID-19 Outbreak
On March 14, 2020, OSHA issued guidance for health care employers, which (1) temporarily waives the annual (not initial) fit-testing requirement for respirators, and (2) recommends discontinuing...
View ArticleOSHA Guidance Allows Alternatives in Light of N95 Shortage Due to Coronavirus
On April 3, 2020, OSHA issued enforcement guidance that temporarily permits the extended and re-use of respirators as well as other alternatives, and clarifies when respirators, including N95 masks,...
View ArticleOSHA Issues Interim Guidance Regarding Coronavirus Recordkeeping Obligations
On April 10, 2020, the Occupational Safety and Health Administration (OSHA) issued interim guidance regarding enforcement of employers’ obligation to record employees’ COVID-19 cases. The guidance...
View ArticleOSHA Issues Enforcement Guidance on Conducting COVID-19 Inspections and...
More than 3,000 workers have filed complaints with OSHA since January 2020, alleging concerns over potential exposure to COVID-19, according to Freedom of Information Act records analyzed by the...
View ArticleState Workers’ Compensation Systems Deal with COVID-19 Claims
A number of states, including California (by executive order on May 6, 2020), have made it easier for essential workers who contract COVID-19 to obtain workers’ compensation benefits by creating a...
View ArticleWisconsin Employers Must Act Before August 15 to Secure Unemployment...
Wisconsin employers with layoffs due to the COVID-19 pandemic must act before August 15th if they want to take advantage of Wisconsin law intended to afford a reduction of employer charges associated...
View ArticleLessons Learned: OSHA Advises Employers on Most Common Violations in COVID-19...
The Occupational Safety and Health Administration (OSHA) tweeted last week that it has cited more than 200 employers for coronavirus-related violations, with penalties totaling nearly $3 million....
View ArticleSeventh Circuit Holds That Federal Military Leave Statute Might Mandate Paid...
Employers—particularly those in Illinois, Indiana and Wisconsin—should revisit their military leave policies in light of the Seventh Circuit’s holding in White v. United Airlines Inc., No. 19-2546...
View ArticleComing Soon - OSHA’s COVID-19 Rule
OSHA’s long-awaited emergency temporary standard on COVID-19 is one step closer to taking effect. According to news reports, the Department of Labor submitted the rule to the White House’s Office of...
View ArticleWhat Does the New CDC Guidance on Masks Mean for Employers?
According to new guidance issued by the Centers for Disease Control and Prevention (CDC) on Thursday, May 13, individuals who are fully-vaccinated for COVID-19 are no longer required to wear a mask or...
View ArticleEmployer FAQs Regarding COVID-19 Vaccination and Testing Mandate for Federal...
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more...
View ArticleUnion Employers: Be Aware of Bargaining Obligations under OSHA’s Mandatory...
While OSHA’s mandatory vaccine rule remains in legal limbo, the general counsel of the National Labor Relations Board (NLRB) issued a memo on November 10th, outlining bargaining obligations for...
View ArticleNo More Masks on Public Transportation (For Now) – Is Government Regulation...
Following a federal judge’s ruling last week, striking down the Centers for Disease Control and Prevention’s (CDC’s) mask mandate in airports and other public transportation settings nationwide, the...
View Article“No-Fault” Attendance Policies Now Unlawful in New York: What Should...
Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any...
View ArticleNLRB Expands Focus to Worker Debt and Surveillance
Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt”...
View Article
