August 2023 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS More Cooperation Among Federal Agencies – Which Means More Liability for Employers In the past, the various federal workplace agencies – the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Department of Labor (and its various […]

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS NLRB Decisions Restrict Unionized Employers’ Ability to Act Unilaterally In two companion decisions issued on August 30, 2023, the National Labor Relations Board (the Board) severely eroded unionized employers’ ability to unilaterally act in accordance with their past practice. […]

Maryland has enacted a paid family and medical leave insurance program that, starting in 2026, will provide most Maryland employees with 12 weeks of paid family and medical leave, with the possibility of an additional 12 weeks of paid parental leave, as we have previously detailed in our E-lerts from […]

The Equal Employment Opportunity Commission has released its Strategic Plan for Fiscal Years 2022-2026, effective immediately. This document provides employers with an overview of the EEOC’s particular areas of focus. As explained by the EEOC, highlights of the plan include the following: Increased focus on systemic discrimination, by expanding the […]

Under the Davis-Bacon Act, construction companies are required to pay a federally-set prevailing wage and benefit rate to employees performing work on federal contracts or subcontracts. The U.S. Department of Labor, which enforces the Act, has issued a final rule that drastically revises contractor obligations. According to the DOL’s press […]

The Office of Federal Contract Compliance Programs has released a new version of its Scheduling Letter and Itemized Listing, which sets forth the information and documents that federal supply and service contractors will be required to provide if they are selected for a compliance audit. The new letter vastly expands […]

A recent case from the U.S. Court of Appeals for the Fifth Circuit provided some guidance on this question – and the answer turns on what the staffing company knew or should have known. (By the way, a client company can be liable for such harassment as a joint employer […]

Although the Fair Labor Standards Act regulations permit employers to round off employees’ start and stop times for administrative ease, this process may still result in liability for employers, as the U.S. Court of Appeals for the Eighth Circuit recently held. The FLSA requires employers to pay non-exempt employees for […]

An employee can be required to catch up on work that they did not perform while on FMLA leave, according to the U.S. Court of Appeals for the Third Circuit. But employers should not impose such expectations unreasonably. Under the FMLA, when an employee returns from leave, they must be […]

In Intertape Polymer Corp., the National Labor Relations Board (the Board) reaffirmed the standard it will apply when determining whether an adverse employment action was motivated by employee conduct protected by the National Labor Relations Act (NLRA). Under the Wright Line test, the NLRB General Counsel bears the initial burden […]