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New York Court Vacates Portion of DOL’s Joint Employer Rule
September 10, 2020
On September 8, 2020, U.S. District Court Judge Gregory Woods of the Southern District of New York, issued a Memorandum Opinion and Order vacating various portions of the Department of Labor’s Final Rule regarding the definition of joint employment under the Fair Labor Standards Act.
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Treasury Department Provides Guidance on President Trump’s Deferral of Payroll Taxes
September 2, 2020
The U.S. Department of the Treasury issued, on August 28, a Notice concerning President Trump’s Presidential Memorandum concerning employers’ deferral of payroll taxes.
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Are There Triple Damages for Prevailing Wage Violations?
August 31, 2020
Most of you don’t have to worry about this question and its answer.  But those who work on government contracts—particularly public works projects—do.
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Employees May Be Prohibited From Linking to Company Website on Personal Blogs
August 30, 2020
The National Labor Relations Board held that a company’s policy prohibiting employees from linking to the company’s website on their personal blogs was lawful under the National Labor Relations Act.
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Politics in the Workplace: Productivity or Polarization?
August 27, 2020
In what appears to be our never-ending political season, employers should prepare for employee discussions during worktime related to political matters.
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NLRB Is Refusing to Bargain in Good Faith with Its Own Union?
August 27, 2020
The National Labor Relations Board is being accused of failing to bargain in good faith. By its own union!
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Flu Vaccine Considerations
August 27, 2020
As August comes to a close, many employers are anxious that with Fall will come flu season, placing employers in the position of battling staffing challenges and employee health issues from two dueling infections.
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EEOC Says Employees in Opioid Treatment Are Protected by the ADA
August 12, 2020
On August 5, 2020, the EEOC released technical assistance documents for employees and health care providers on opioid addiction and employment.
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EEOC Looking to Increase Voluntary Resolutions
July 30, 2020
The Equal Employment Opportunity Commission (EEOC) announced earlier this month that it had implemented two six-month pilot programs expanding opportunities for parties to resolve charges through mediation and increasing the effectiveness of its conciliation process.
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NLRB Proposes Rollback of Requirement to Provide Unions with Personal E-mail Addresses, Phone Numbers
July 30, 2020
On July 29, the National Labor Relations Board issued a proposed rule that would repeal the Obama-era mandate that employers provide unions and other parties with employees’ personal e-mail addresses and phone numbers, if available, prior to union elections.
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Hey CEOs – Be Careful About Diversity Hiring Quotas!
July 29, 2020
I’ve been following the public updates of major corporations on their diversity and inclusion activities.
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Forward Progress
July 28, 2020
Last week, the National Labor Relations Board changed its standard for determining whether employees who make abusive or offensive statements while engaging in activity otherwise protected under the National Labor Relations Act may be lawfully disciplined or discharged by their employer.
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