Management's Workplace Lawyers

October 2016 E-Update

October 31, 2016

The NLRB Challenges Employment Agreements

The National Labor Relations Board has challenged typical confidentiality and other provisions contained in many employment agreements, and employers (whether unionized or not) should take note of the NLRB’s concerns. 

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FTC and DOJ Issue Antitrust Guidelines for HR

The Federal Trade Commission and Department of Justice issued joint guidance for HR professionals and other managers on how antitrust laws apply to hiring and compensation decisions. 

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OSHA Releases Updated Recommended Practices for Safety and Health Programs

The Occupational Safety and Health Administration has updated its 30-year old guidance on safety and health programs with new Recommended Practices for Safety and Health Programs. While these recommended practices are not legally required, OSHA’s intent is to help employers establish a proactive approach to managing workplace safety and health. 

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Maryland - Equal Work for Equal Pay Poster

The Maryland Department of Licensing and Labor Regulation has issued an updated version of the mandatory “Equal Pay for Equal Work” Poster

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FLSA – No Offset for Paid Meal Breaks

The U.S. Court of Appeals for the 3rd Circuit held that an employer may not credit paid meal breaks that were included in calculating the employees’ regular rate of pay against overtime liability.

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OSHA – Rule Delayed

The Occupational Safety and Health Administration has announced that it will further delay enforcement of the anti-retaliation provisions in its injury and illness tracking rule until Dec. 1, 2016. 

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Federal Contractors – Blacklisting Rule Enjoined

A federal court in Texas has enjoined parts of the Fair Pay and Safe Workplaces Executive Order, Final Rule and Guidance from taking effect on October 25, 2016.

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Retaliation – Failure to Hire

A recent case reminds employers that the decision not to hire an applicant because of the applicant’s discrimination complaints against a prior employer constitutes unlawful retaliation under Title VII.

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TOP TIP: OSHA-Compliant Injury Reporting Policies

As we discussed in our May E-Update, the Occupational Safety and Health Administration released a revised Injury and Illness Reporting rule that, in part, specifies that the reporting procedure established by the employer must be reasonable and not discourage employees from reporting. 

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