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Where Have All the Charges Gone?
January 5, 2023
Five years after the #MeToo movement took shape, we are seeing an interesting trend in the Equal Employment Opportunity Commission charge data: the number of Charges of Discrimination (charges) filed since fiscal year 2016 are down — significantly.
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Colorado: Wage Claim Changes Effective January 1, 2023
January 4, 2023
Six changes for the new year.
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Computer Start Up Time Can Be Compensable
January 4, 2023
Your company may be required to pay employees for time spent logging in or waiting for their computer systems to boot up according to a recent Ninth Circuit Court of Appeals decision.
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Federal Government Passes Enhanced Protections for Pregnant and Nursing Workers
January 3, 2023
On December 29, 2022, President Joe Biden signed a $1.7 trillion spending bill into law that included a pair of amendments which significantly change civil rights laws affecting new and expecting mothers.
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Are College Athletes “Employees” Under Federal Labor Law? We Are About to Find Out…
December 28, 2022
A Regional Director of the NLRB found merit to an unfair labor practice charge alleging that the University of Southern California misclassified football and basketball players as student-athletes rather than employees and maintained unlawful work rules.
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NLRB’s Holiday Gifts to Unions
December 20, 2022
Tis the season for giving, which the NLRB has embraced in a most generous manner to unions. Last week, the NLRB either decided or announced as a matter of policy.
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The NLRB’s Reinstatement of a Worker-Friendly Standard for Property Access
December 20, 2022
The National Labor Relations Board (“NLRB” or the “Board”) took significant steps to limit the power of property owners to restrict contractors’ workers access to their property in a 3-2 decision on Friday.
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NLRB Clears Path for Organizing Smaller Groups of Employees
December 16, 2022
Since its enactment in 1935, the National Labor Relations Act has been interpreted and enforced by the National Labor Relations Board. It isn’t any secret that the decisions interpreting the NLRA have swung back and forth as the composition of the NLRB has shifted.
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NLRB Reaffirms Safeguards for Questioning Employees in Preparation for NLRB Proceedings
December 16, 2022
On December 15th, the National Labor Relations Board reaffirmed its Johnnie’s Poultry standard for analyzing an employer’s questioning of employees in preparation for NLRB proceedings.
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California: Cal/OSHA Adopts New COVID Regulation
December 16, 2022
On Thursday December 15th, Cal/OSHA voted to adopt a new Non-Emergency COVID Regulation to replace the current COVID Emergency Temporary Standard (“ETS”).
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Oregon Supreme Court Rules State Wage Law Same as Federal Wage Law for Compensation of Employees’ On-Site Security Screening Time
December 15, 2022
On December 15, the Oregon Supreme Court held that state wage law is the same as federal wage law for purposes of determining whether employee time spent in on-site security screenings is to be paid work time.
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The Return of the Micro-Unit: The NLRB Shifts Course Yet Again
December 14, 2022
The National Labor Relations Board has now returned to an Obama-era standard that permits a union to organize in as small a unit as it has support (i.e., micro-units).
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