Management's Workplace Lawyers

July 2016 E-update

July 28, 2016

New OSHA Rule May Impact Drug Testing Policies

New workplace injury and illness reporting requirements from the Occupational Safety and Health Administration, about which we provided a general overview in our May 2016 E-Update,  may require revisions to workplace drug testing policies.

To read more »

Improper Motivation for Permanent Replacement of Strikers Violates the NLRA

A recent decision from the National Labor Relations Board concerning permanent replacement of strikers tilts the balance of “economic weapons” used in collective bargaining in favor of unions.

To read more »

EEOC – Revised Proposed Rule for EEO-1 Report

The Equal Employment Opportunity Commission has revised its proposed rule that would add summary pay data to the workplace demographic information collected through the annual EEO-1 report.

To read more »

NLRB – Vague Management-Rights Clause

The National Labor Relations Board recently held that the provisions of a management-rights clause in a collective bargaining agreement were not specific or broad enough to allow the employer, during the term of the CBA, to implement unilaterally certain policy changes.

To read more »

NLRB and DOL – Fair Pay and Safe Workplaces Executive Order

The National Labor Relations Board is preparing for the implementation of President Obama’s Fair Pay and Safe Workplaces Executive Order, which requires companies seeking government contracts of $500,000 or more to report past violations of a wide range of federal and state labor and employment laws, including the National Labor Relations Act. As discussed in our June 2015 E-Update, the Department of Labor has issued a Proposed Guidance in conjunction with the Federal Acquisition Regulatory (FAR) Council’s issuance of a Proposed Rule implementing the Executive Order.

To read more »

FLSA – Increased Penalties

The Department of Labor has announced an Interim Final Rule that increases the civil money penalties that can be imposed for violations of the Fair Labor Standards Act.

To read more »

Title VII – expanded interpretation of Ledbetter Act

The U.S. Court of Appeals for the 7th Circuit found that an employee’s discrimination claim that he was not promoted could have an impact on his pay, such as to trigger the extended limitations period under the Lilly Ledbetter Fair Pay Act.

To read more »

TOP TIP: Pokémon Go in the Workplace

As you all likely know, the latest pop culture craze is Pokémon Go, where individuals use their mobile devices to catch Pokémon creatures. Given the popularity of the game as well as the extensive time that players are spending on it (some have described it as an “addiction”), wise employers should be prepared to address the impact of employees playing Pokémon Go (and other games in the future) in the workplace and even on company-provided equipment.

To read more »

PDF FileClick to view entire E-Update in PDF