Articles

The U.S. Department of Labor has issued proposed regulations that would reinstate the 80/20 rule applicable to the compensation of tipped employees. This rule has been the subject of great controversy over the years and had been eliminated by the Trump administration. Tipped Employees and the Tip Credit. Under the FLSA, an employer of tipped […]

In a criminal case with employment implications, the U.S. Supreme Court ruled that there is no violation of the Computer Fraud and Abuse Act (CFAA) when an employee misuses information obtained through their authorized computer access. Background of the Case. The CFAA provides for civil and criminal penalties against someone who “intentionally accesses a computer […]

The U.S. Court of Appeals for the District of Columbia Circuit vacated a National Labor Relations Board (NLRB or “the Board”) order finding a supervisor’s statement blaming the employees’ union for a leave discrepancy violated the National Labor Relations Act (NLRA). Facts: In Trinity Services Group, Inc. v. NLRB, an employee and a supervisor disagreed […]

The U.S. Court of Appeals for the Fourth Circuit joined several sister circuits in finding that a plaintiff has routes beyond the three identified by the Supreme Court in its Oncale v. Sundowner Offshore Servs., Inc. decision to establish a same-sex harassment claim. Background of the Case:  In Roberts v. Glenn Industrial Group, Inc., the […]

The National Labor Relations Board (“NLRB” or the “Board”) held that a lawful rule or policy applied to restrict employee rights provided by the National Labor Relations Act (“NLRA”) did not automatically render the rule unlawful to maintain. No-Recording Policy: In AT&T Mobility, LLC, the company maintained a no-recording policy prohibiting employees from recording conversations […]

The Social Security Administration has discontinued its practice of mailing “educational correspondence” (aka EDCOR or “no-match” letters) to employers where Social Security number information reported on employees’ Forms W-2 do not match the SSA’s records. This, however, does not relieve an employer of the responsibility to address no-match situations of which it becomes aware. The […]

Among the new resources that the U.S. Department of Labor’s Job Accommodations Network (JAN) recently added to its COVID-19 webpage is included frequently asked questions on COVID-19 Long Haulers and the ADA. Many individuals are “long haulers,” meaning that they are experiencing lingering symptoms of COVID-19 – a condition known as Post-acute COVID-19 Syndrome or […]

The U.S. Department of Labor, through its Office of Disability Employment Policy (ODEP)-funded Job Accommodations Network (JAN), has recently added a number of resources for employers on COVID-19 and reasonable accommodations under the Americans with Disabilities Act to its COVID-19 webpage. These include frequently asked questions on COVID-19 Vaccination and the ADA. We summarize these […]

In Alcoa Corp., the National Labor Relations Board addressed an important issue to both non-union and unionized employers alike concerning workplace investigations. Most importantly, the Board reaffirmed that an employer does not violate the National Labor Relations Act (NLRA) when it instructs employees to keep investigative interviews confidential for the duration of the workplace investigation. […]

In Memorandum GC 21-03, National Labor Relations Board Acting General Counsel Peter Sung Ohr addressed employees’ right to act together to improve their working conditions, a right granted to employees by Section 7 of the National Labor Relations Act (NLRA). Evident by the subject of the memo, the GC indicated his intention to vigorously enforce […]