In a 3-1 decision released last week, the National Labor Relations Board reversed decades of precedent regarding a successor employer’s bargaining obligations following the purchase of an entity with a unionized workforce.
Continue Reading National Labor Relations Board Returns to Narrow Application of Perfectly Clear Successor Doctrine

Historically, bank executives have faced civil liability for breach of contract and violations of state laws governing the misappropriation of trade secrets for misusing their employer’s confidential and proprietary information. However, a recent “notice of intent to prohibit” issued by the Federal Reserve indicates that bank executives may now face a much harsher consequence than mere civil liability for misappropriating their employers’ information — namely, a ban from the business of banking altogether.
Continue Reading Fed’s Stance on Trade Secrets Could Mean More Banker Bans

The United States Supreme Court has agreed to resolve a growing split of authority among lower federal circuit courts regarding the requirement under Title VII of the Civil Rights Act of 1964 that individuals must file a charge of discrimination with the EEOC before bringing Title VII claims against their employer.
Continue Reading Supreme Court To Review Administrative Exhaustion Requirements Under Title VII

Last week, the National Labor Relations Board approved and released its Strategic Plan for Fiscal Years 2019-2022. Congress requires government agencies like the NLRB to formulate strategic plans every four years and release those plans to the public. These plans must include general goals and objectives of the agency and a description of how those goals will be achieved.
Continue Reading NLRB Announces Strategic Plan to Speed Up Case Handling

A memorandum recently released by the Occupational Safety and Health Administration (OSHA) has clarified the agency’s position on whether safety incentive programs and post-accident drug testing would be considered retaliatory pursuant to its controversial recordkeeping rule published on May 12, 2016.  This rule prohibits employers from retaliating against employees who report work-related injuries or instituting procedures that could chill employees from reporting work-related injuries.
Continue Reading OSHA Clarifies Stance on Anti-Retaliation Measures to the Relief of Employers

The #MeToo movement has galvanized many into taking action to fight workplace harassment. Since the movement began in the fall of last year, the Equal Employment Opportunity Commission—tasked with enforcing laws prohibiting sexual harassment—has indicated it has seen an uptick in the amount of traffic to its website.
Continue Reading EEOC Seeks to Capitalize on #MeToo Movement to Combat Harassment

Last week, the United States Supreme Court released its decision in Digital Realty Trust v. Somers, where the Court unanimously adopted a narrow reading of the Dodd-Frank Act’s anti-retaliation “whistleblower” provision.  The Court held that the provision applies only to individuals who report securities violations directly to the Securities and Exchange Commission.
Continue Reading Supreme Court Narrowly Interprets Dodd-Frank’s Definition of Whistleblower

On February 12, 2018, the EEOC released its Strategic Plan for Fiscal Years 2018-2022. In a press release, the EEOC indicated the plan “will serve as a framework for the Commission in achieving its mission to prevent and remedy unlawful employment discrimination and advance equal opportunity for all in the workplace.”
Continue Reading EEOC Releases Strategic Plan for 2018-2022 Fiscal Years

On June 12, 2017, the Office of Labor Management Standards of the Department of Labor (DOL) published a Notice of Proposed Rulemaking that proposes to rescind the controversial “persuader rule” implemented by the DOL under the Obama administration. This rule sought to require disclosure of advice to employers from consultants and attorneys who engage in activities designed to persuade employees not to unionize.
Continue Reading Persuader Rule to be the Next Obama Era Regulation on the Chopping Block

On June 14, 2017, the Equal Employment Opportunity Commission held a public meeting entitled “The ADEA @ 50 – More Relevant Than Ever,” to commemorate the Age Discrimination in Employment Act’s 50th anniversary and to “explore the state of age discrimination in America today and the challenges it poses for the future.” Participants in the meeting included Victoria Lipnic, newly-appointed Chairman of the EEOC, and various workers’ advocates who provided their thoughts on the perceived increasing prevalence of age discrimination in the workplace.
Continue Reading ADEA’s 50th Anniversary Refocuses EEOC on Prevalence of Age Discrimination in the Workplace