Collective Bargaining

Unlawful Actions May Become Lawful When Negotiations Conclude

Criminal Background Checks

Harris County Becomes Latest in Texas to Adopt a Ban the Box Hiring PolicyGig Employer Hit with Background Check Class ActionNew York City Expands Protections For Applicants and Employees With Criminal Histories

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

Employee Benefits

DOL’S Final Rule Gives ERISA Fiduciaries Green Light to Consider ESG Factors When Selecting InvestmentsCalifornia Enacts COVID-19 Supplemental Paid Sick Leave For 2022California’s COVID Right-to-Recall Law Unites Patchwork of Local Ordinances

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

Swales Has Minimal Impact in Maximus’s Bid to Pause Collective Action Pending Appeal

Employment Agreements

Ninth Circuit Holds California’s Ban on Mandatory Arbitration Agreements is Preempted by the Federal Arbitration ActThe Federal Trade Commission Seeks to Ban Non-Compete ClausesSpeak Out Act Restricts Use of Non-Disclosure and Non-Disparagement Provisions

Employment Policies

States Push Pay Reporting Requirements in Effort to Ensure Pay EquitySCOTUS to Hear Significant Religious Accommodations CaseUnder the Radar Laws Expand Protections for Pregnant Employees in the Workplace

Equal/Fair Pay

States Push Pay Reporting Requirements in Effort to Ensure Pay EquityNinth Circuit Requires Employee Compensation for Pre-Shift Duties Under FLSAVirginia’s New Overtime Law Threatens Double and Treble Damages For Employers Who Don’t Pay Up

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 Litigation

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

Labor Management Relations

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

News & Events

CLE Webinar Invite - Don’t Get Lost In the Dark - Navigating Pay Transparency and Pay Equity LawsCLE Webinar Invite - Recession Ahead? Key Considerations for Employers Conducting a RIFEmily Burkhardt Vicente Named as ‘Go-To Thought Leader’

NLRB

U.S. Appeals Court Partially Revives Trump-Era Union Election RuleNLRB & DOJ Announce New PartnershipThe National Labor Relations Board is Engaging in Rulemaking, Again

Non-Competes

2021 Mid-Year State Non-Compete Legislative UpdateWashington, D.C. Passes One of the Most Robust Prohibitions on Non-Competes in the CountryEmployment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses

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

NLRB Seeks To Expand Jurisdiction Over Educational Institutions with Religious AffiliationsNLRB Rules Severance Agreements with Confidentiality Provisions Violate Employee NLRA RightsU.S. Appeals Court Partially Revives Trump-Era Union Election Rule

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

SCOTUS Weighs In On Day Rate PayDOL Proposes Updates to Independent Contractor Requirements

Workplace Technology

EEOC Pushes for Greater Enforcement on AINLRB GC To Urge Board to Regulate Electronic Worker Monitoring and ManagementA Bill of Rights for the Information Age: White House Outlines Principles for Artificial Intelligence Design & Use