Affirmative Action

OFCCP Makes Headlines – What’s Happening at the OFCCP?

Agency Developments

OSHA’s Walk-Around Proposal Could Open Workplace Inspections to OutsidersOFCCP Publishes Final Rule on Pre-Determination Requirements and ConciliationEEOC Belatedly Proposes Rules for the Pregnant Workers Fairness Act

California Developments

California Seeks to Strengthen Its Policy Invalidating Noncompete AgreementsCalifornia Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023California’s High Court Authorizes Stay Of Non-Individual PAGA Claims During Pendency Of Arbitration

Class Actions

Texas Federal Court Upholds DOL Rule Attacking FLSA Tip CreditD.C. Circuit Requires Compliance with Rules 23(a) and (b) to Certify Rule 23(c)(4) “Issue” Class ActionsThe Sixth Circuit Creates a New FLSA Certification Process

Collective Bargaining

Unlawful Actions May Become Lawful When Negotiations Conclude

Criminal Background Checks

California Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023Harris County Becomes Latest in Texas to Adopt a Ban the Box Hiring PolicyGig Employer Hit with Background Check Class Action

EEOC and Government Litigation

As the EEOC Resumes Sending out Right-To-Sue Letters, Employers Should Expect an Increase in Discrimination LawsuitsEEOC Updates Guidance Regarding the ADA, Rehabilitation Act, Other EEO Laws and COVID-19The EEOC Settles Six-Year-Old Lawsuit Attacking Background Check Policy

EEOC Developments

Fifth Circuit Carves Out Religious Exemption to LGBTQ+ Discrimination ClaimsEEOC Issues Guidance Following Expiration of COVID-19 Public Health EmergencyReligious Objections to Vaccine Mandates: EEOC Issues New Guidance

Employee Benefits

SECURE 2.0 Act:  Hip, Hip Delay! IRS Establishes a Two-Year Transition on the Roth Catch-Up Contribution RequirementFirst Gag Clause Attestations Due December 31, 2023 – What Group Health Plan Sponsors Need to KnowNew Guidance Issued for Employers Regarding End of COVID-19 Emergencies

Employee Privacy

The Fifth Circuit Criticizes the Practice of Sealing Documents by AgreementPress Pause Before Using Biometric Tech in the WorkplaceThe Spokeo Chronicles: Another Tentative Background Check Win for Kroger Subsidiary

Employee Raiding

No-Poaching Agreements May Not Be Entirely Out of the QuestionLabor & Employment Quick Takes: Fighting Back Against Employee RaidingLabor & Employment Quick Takes: Fighting Back Against Employee Raiding

Employee/Independent Contractor Status

Recent Shifts In The Independent Contractor v. Employee Classification RulesNinth Circuit Rules California’s ABC Test is Not Preempted by the Federal Aviation Administration Authorization ActDOL Freezes Rule on Independent Contractor Classification Test under the FLSA and Withdraws Several Opinion Letters

Employment

Texas Legislation Provides Employers Regulatory UniformityCalifornia Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023Swales Has Minimal Impact in Maximus’s Bid to Pause Collective Action Pending Appeal

Employment Agreements

Fourth Circuit Outlines Pitfalls in Using Severance Plans for LayoffsNLRB General Counsel Issues Guidance Memorandum Regarding Severance AgreementsNinth Circuit Holds California’s Ban on Mandatory Arbitration Agreements is Preempted by the Federal Arbitration Act

Employment Discrimination

California Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023Ninth Circuit Says Music in the Workplace Can Form Basis for Harassment Claim Under Title VIILooking Ahead to Potential Developments in Online Accessibility Law

Employment Law

Employee E-Signatures in Arbitration Agreements Under ScrutinyTexas Legislation Provides Employers Regulatory UniformityCalifornia Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023

Employment Policies

Pay Equity Claims Are on the Rise - How Are Courts Interpreting the Differences in State and Federal Laws?Pay Equity – A Patchwork Legal LandscapeCompliance Update for U.S. Employers Conducting Criminal Background Checks in the Hiring Process

Equal/Fair Pay

Pay Equity Claims Are on the Rise - How Are Courts Interpreting the Differences in State and Federal Laws?Pay Equity – A Patchwork Legal LandscapePay Disclosure and Transparency Efforts Across the Country

FCRA

Compliance Update for U.S. Employers Conducting Criminal Background Checks in the Hiring ProcessTwo Recent Ninth Circuit Cases Provide Guidance on FCRA Disclosure and Authorization Form RequirementsDOL Updates Guidance on Coronavirus Paid Leave Law, Addresses Business Reopenings

Financial Services

Fed’s Stance on Trade Secrets Could Mean More Banker Bans

FLSA/Wage & Hour

New Jersey Federal Court Grants Reconsideration in Favor of Employer on FLSA Exemption for Highly Compensated EmployeeD.C., Nebraska, and Nevada Voters Approve Minimum Wage IncreasesAssessing Wage and Hour Insurance Coverage Following Proposed FLSA Amendments

FMLA/Leaves of Absence

California Expands Family and Medical Leave LawWith Schools Reopening, Employers and Employees Must Continue to Navigate a Patchwork of Federal and State COVID-19 Leave LawsFederal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage

Immigration

COVID-19: How Can Employers Hire Remotely and Maintain I-9 Compliance?COVID-19: How Do Employers Comply with DOL Posting Requirements for Remote Employees?COVID-19: How Does the Outbreak Affect Immigration Workplace Compliance?

Labor

NLRB General Counsel Targets Non-Compete AgreementsU.S. Appeals Court Partially Revives Trump-Era Union Election RuleNLRB & DOJ Announce New Partnership

Labor Litigation

Fasten Your Seatbelt: NLRB Finds Tesla’s Clothing Policy Unlawful

Labor Management Relations

Fasten Your Seatbelt: NLRB Finds Tesla’s Clothing Policy Unlawful

Labor Unions

NLRB General Counsel Urges The NLRB To Revive The Joy Silk Doctrine For Union ElectionsNLRB General Counsel Issues Memo Regarding Bargaining Obligations for Vaccine MandateMemo from NLRB General Counsel Signals Upcoming Shifts in Board Precedent

Legislative (Federal and State) Developments

Texas Legislation Provides Employers Regulatory UniformityCalifornia Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023New York May Become Hostile Territory in Shifting Non-Compete Landscape

News & Events

Emily Burkhardt Vicente Selected as LABJ Mentor of the Year FinalistCLE Webinar Invite - Is DEI Dead? What the Supreme Court’s Harvard/UNC Affirmative Action Decisions Mean For DEI InitiativesHuntonAK Labor and Employment Recognized By The Legal 500 USA

NLRB

NLRB General Counsel Targets Non-Compete AgreementsThe NLRB is Reviewing Union Access to Employer Email and Electronic Communications SystemsNLRB General Counsel Issues Guidance Memorandum Regarding Severance Agreements

Non-Competes

New York May Become Hostile Territory in Shifting Non-Compete Landscape2021 Mid-Year State Non-Compete Legislative UpdateWashington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the Country

OFCCP Developments

New OFCCP Scheduling Letter and Itemized Listing Increases Burden on Federal ContractorsOFCCP Publishes Final Rule on Pre-Determination Requirements and ConciliationTikTok “Bytes” the Dust for Federal Contractors and Other Important Updates

OSHA Developments

OSHA’s Walk-Around Proposal Could Open Workplace Inspections to OutsidersOSHA Launches New National Emphasis Program Focused on Preventing Workplace FallsNew Regulation Extends CalOSHA COVID Enforcement into 2025 and Beyond

Public Accommodations

Courts Weigh in on Whether Serial Litigants and ADA Testers Are Eligible to Bring ADA CasesThe Next Wave of Accessibility Litigation in the Retail Industry: Braille Gift CardsSupreme Court Passes On a Case That Likely Would Have Clarified the Scope of the ADA Regarding Access to Private Businesses’ Virtual Platforms

Retail

California Supreme Court Holds Time Spent On Bag Checks Is CompensableCalifornia Court Holds On-Call Scheduling Means Reporting Time Pay for EmployeesThe Spokeo Chronicles: Another Tentative Background Check Win for Kroger Subsidiary

Sexual Harassment

Speak Out Act Restricts Use of Non-Disclosure and Non-Disparagement ProvisionsDepartment of Education Ceases Enforcement of “Arbitrary and Capricious” Trump-Era Title IX RegulationDistrict of Massachusetts Rules Controversial Trump-Era Title IX Regulation “Arbitrary and Capricious”

Supreme Court Cases

Business Groups Tap Hunton for Amicus Filing in Supreme Court Agency Deference CaseSupreme Court Says First Amendment Permits Wedding Website Designer to Deny Services to Same-Sex Couples Despite State Antidiscrimination LawSupreme Court Clarifies “Undue Hardship” Standard for Title VII Religious Accommodation Claims

Trade Secrets

The Fifth Circuit Criticizes the Practice of Sealing Documents by AgreementThe Defend Trade Secrets Act And How Employers Can Take Advantage Of ItLaw Enforcement Can Seize Stolen Trade Secrets – A New Tool

Traditional Labor

Get Your Bargaining Shoes OnNLRB Restores Leniency for Employee Abusive Conduct and Workplace OutburstsNLRB Discusses Extraordinary Remedies Available for Egregious or Habitual Violations

Unions

U.S. Appeals Court Partially Revives Trump-Era Union Election RuleAre You Ready? Preparing for the New Frontier of Public Bargaining in VirginiaNLRB Provides Clarity On Pandemic-Related Circumstances Justifying Mail-In Elections

Wage and Hour

D.C. Circuit Requires Compliance with Rules 23(a) and (b) to Certify Rule 23(c)(4) “Issue” Class ActionsThe Sixth Circuit Creates a New FLSA Certification ProcessSCOTUS Weighs In On Day Rate Pay

Whistleblower

Missouri Amends Its Human Rights Act and Codifies Whistleblower ProtectionSEC Brings First Enforcement Action Warning Employers Against Imposing Confidentiality Terms That Could Deter WhistleblowersRecent Developments Concerning Unpaid Interns

Workplace Technology

EEOC Issues Guidance on Use of AI in Employment DecisionsEEOC Pushes for Greater Enforcement on AINLRB GC To Urge Board to Regulate Electronic Worker Monitoring and Management