NLRB General Counsel Targets Employers’ Use of Electronic Monitoring and Algorithmic Management Technologies

National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo announced that she will crack down on employers’ increasing use of automated technologies and electronic management systems. In General Counsel Memorandum 23-02, the GC stated her belief that employers’ use of these technologies can violate the National Labor Relations Act. […]

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What Employers Need to Know About the New “Speak Out Act’s” Prohibitions on Nondisclosure and Nondisparagement Provisions

Congress has passed and President Biden is expected to sign the “Speak Out Act” into law, thereby prohibiting nondisclosure and nondisparagement provisions in pre-dispute employment agreements. While symbolic, the practical effect of this law for employers is quite limited. For more, click here. What the Act Says. The Act is […]

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The Practical Implications of the DOL’s Proposed Independent Contractor Test

Employee or independent contractor? The determination has consequences for various “stakeholders.” Unions legally may organize employees, but not independent contractors. Companies must withhold taxes from employee pay; not so with independent contractors, who are responsible for making these payments on their own. The government as a “stakeholder” experiences less “tax […]

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Federal Contractor Update – Extended Objections to Disclosure of EEO-1 Reports, Revised Directive on Functional Affirmative Action Programs, and New Disclosure Requirements

It was another active month for government contractors and subcontractors. The U.S. Department of Labor and its Office of Federal Contract Compliance Programs (OFCCP) have taken the following actions: Extended Deadline for Objections to the Release of EEO-1 Reports. As we discussed in our August 2022 E-Update, the OFCCP issued […]

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