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The Beginning of the End of the "Election Protection Rule"
November 4, 2022
On November 3, the National Labor Relations Board (“NLRB”) issued a proposed rule that will change when elections can occur in private workplaces about whether employees should be represented by a union.
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NLRB General Counsel Proposes Sweeping Changes Impacting Employer Use of Technology to Manage and/or Monitor Employees
November 1, 2022
In sweeping new proposals, the National Labor Relations Board General Counsel, Jennifer Abruzzo, announced her intention to limit employers in their ability to rely upon commonly used electronic monitoring and management technologies to monitor employee misconduct and performance issues.
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NLRB Refines Standard For Conducting In-Person Union Elections
October 31, 2022
Recently, the National Labor Relations Board (NLRB) modified the standard it has been applying in determining whether a mail ballot election is appropriate, resulting in a significant change in union elections going forward.
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Can Rap Music in the Workplace Create a Hostile Work Environment?
October 27, 2022
Is the playing of obscene and misogynistic rap music in the workplace discriminatory on the basis of sex if it offends women?  A former Tesla employee has asked the U.S. District Court for Nevada to answer “yes” to that question
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Midterm Elections and Voting Leave Laws
October 27, 2022
With the 2022 midterm elections fast approaching, employers need to make sure they comply with applicable laws concerning permitting employees time off to vote in elections.
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DOL Independent Contractor Rule Update: Deadline for Public Extended to December 13, 2022
October 26, 2022
The Department’s decision to extend the comment period comes on the heels of several business groups and lawmakers asking for additional time to review the 184 page proposed rules.
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Bostock v. Clayton County: The Epilogue… and What It Means for Employers (for Now)
October 21, 2022
I give advice to employers on what to do in tricky situations, but don’t always hear whether my advice was implemented (I certainly hope so!) or what resulted (good things, hopefully!).
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EEOC Releases New ‘Know Your Rights’ Poster
October 20, 2022
The U.S. Equal Employment Opportunity Commission (EEOC) just released an updated ‘Know Your Rights: Workplace Discrimination is Illegal’ poster, which supersedes its earlier ‘EEOC is the Law’ poster.
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Créche/Nursery Facility at Workplace - Indian Legal Framework
October 20, 2022
Female labour participation in India is one of the lowest in the world. As per the National Minimum Guidelines for Setting up and Running crèche (nurseries) issued by the Ministry of Women and Child Development, the lack of safe and quality childcare support is one of the contributing factors to the low female labour participation.
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States Jointly Issue New Paid Leave Guidance for Oregon-Washington Employers
October 14, 2022
In a rare joint issuance, the state agencies in charge of paid Family Medical Leave (FML) programs in Oregon and Washington have issued clarification on which state’s paid leave program applies for employees crossing the states’ joint border.
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Massachusetts: Department Issues Important PFML Updates
October 12, 2022
The Massachusetts Department of Family and Medical Leave (Department) has been busy over the last several weeks and has issued some updates that are important for employers to know about.
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DOL lssues New Independent Contractor Rule
October 11, 2022
The U.S. Department of Labor (DOL) has issued its anticipated proposed rule to clarify who is an independent contractor under the federal Fair Labor Standards Act (FLSA).
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