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The National Labor Relations Act (“Act”) empowers the National Labor Relations Board (“Board”) to “take such affirmative action including reinstatement of employees with or without backpay, as will effectuate the policies of this Act.” 29 U.S.C. § 160(c). For much of the Board’s history, that has generally resulted in Board Orders that involve some combination of notice posting, backpay, and reinstatement.

Continue Reading Fifth Circuit is Set to Weigh in on NLRB’s Enhanced Financial Remedies
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On January 31, 2024, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (the “NLRB” or the “Board”) found that Starbucks Corporation (“Starbucks”) violated federal labor law when certain of its managers asked employees whether they would be working their scheduled shifts or otherwise wanted to be scheduled for shifts during a planned strike that was communicated to management. Employers should take notice of the roadmap this decision provides to avoid similar pitfalls.

Continue Reading The NLRB Finds Questions About Employees’ Strike Plans for Staffing Purposes Unlawful
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California law requires employers with at least 100 employees and at least one California employee, to annually report pay, demographic, and other workforce data to the Civil Rights Department (“CRD”). This reporting is required under Government Code section 12999, and is part of the State’s efforts to promote equal pay. 

Continue Reading California Pay Data Reporting Portal Is Now Open – Employers Must Submit Pay Data Reports By May 8, 2024
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When there is a willful violation to the Fair Credit Reporting Act (”FCRA”) consumers can recover either actual damages sustained by the consumer or statutory damages of no less than $100 and not more than $1000. (Punitive damages and attorney fees also are available).  There has been a trend in the district courts examining whether plaintiffs must prove that they suffered actual damage in order to recover statutory damages. Since 2007 several Circuits have reviewed this argument and each has explained that the provision for statutory damages does not require a showing of “actual damages.” The Eleventh Circuit is the most recent to weigh in on this question in Santos v. Healthcare Revenue Recovery Grp., and agrees with its sister Circuits.

Continue Reading 11th Circuit Reaffirms FCRA Statutory Damages Available Even in the Absence of Actual Damages
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Hunton Andrews Kurth LLP is pleased to announce that labor and employment attorneys Ryan Bates, Ryan Glasgow, and Alyson Brown have been recognized by their peers as members of Virginia Business magazine’s 2023 Legal Elite.

Continue Reading Virginia Business Magazine Honors Three as Legal Elite
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Washington, D.C. is the latest in a growing list of jurisdictions to require employers to have “pay transparency” in job postings. Starting in June of 2024, Washington, D.C. will require all employers with at least one employee in the District to post the minimum and maximum projected salary in all job listings or advertisements. The salary projections must be the lowest and highest salary or hourly pay the employer “in good faith believes” it would pay for the role.

Continue Reading D.C. to Require Pay Transparency, Prohibit Inquiry into Wage History
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The U.S. Department of Labor’s (DOL) recently published a final rule on the definition of “independent contractor” under the Fair Labor Standards Act (FLSA) on January 9, 2024. This rule introduces a six-factor “economic realities” test, replacing the 2021 rule and aiming to bring clarity to the classification of workers as independent contractors or employees.

Continue Reading DOL’s New Six-Factor “Economic Realities” Test: Navigating Changes in Independent Contractor Classification
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On December 22, 2023, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a final rule that could have consequential effects for federal construction contractors and subcontractors.  The rule, which implements President Joe Biden’s Executive Order 14063, directs agencies awarding “large scale construction contracts” to require the use of project labor agreements (PLA). 

Continue Reading Final Rule Requires Project Labor Agreements for Federal Construction Contractors
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On December 23, 2023, a federal District Court in California issued an order compelling the OFCCP to produce formerly-withheld EEO-1 reports to a news organization who submitted Freedom of Information Act (FOIA) requests for the reports. This order is significant because it compels the OFCCP to produce the EEO-1 reports for all federal contractors between 2016 and 2020. The plaintiff news organization submitted four FOIA requests to the OFCCP between 2019 and 2022 requesting all EEO-1 reports submitted by all federal contractors from 2016 through 2020. OFCCP published a notice in the Federal Register informing all contractors of the requests and an opportunity to object. OFCCP released all EEO-1 reports from all non-objecting contractors. The instant litigation relates to the EEO-1 reports of the objecting contractors.

Continue Reading Federal Court Rules EEO-1 Reports Not FOIA-Exempt
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Starting January 1, 2024, eligible California employees are entitled to protected leave following a reproductive loss.  This law, California Senate Bill 848, codified at California Government Code section 12945.6, builds on California’s 2023 bereavement leave law, which provided five days of unpaid bereavement leave to eligible employees following the death of a covered family member.

Continue Reading California Mandates New Leave for Reproductive Loss