Blog
NLRB Reminds Unions That Information Requests Are A Two-Way Street
June 1, 2020
The National Labor Relations Board recently ruled that UNITE HERE's Local 1 violated the National Labor Relations Act by failing and refusing to respond to an employer’s information requests.
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Salary Add-Ons Do Not Bar Fluctuating Workweek Overtime, U.S. DOL Rules
May 20, 2020
Bonuses, shift differentials, hazard pay, commissions and other add-ons do not preclude use of the fluctuating workweek method of computing overtime, according to a U.S. Department of Labor interpretive regulation issued May 20, 2020.
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DOL Streamlines Its Regulation Interpreting Commission Sales Exemption from Overtime
May 19, 2020
Apparently inspired by the tidying up trend, the Department of Labor threw out two sections of its interpretation concerning the commission sales exemption from overtime that no longer gave it joy.
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Seventh Circuit Says Employers Can Be Sued in Federal Court for BIPA Violations
May 19, 2020
In what some are calling a “bombshell” decision, the 7th Circuit Court of Appeals recently held in Bryant v. Compass Group USA, Inc. that federal courts can now hear cases involving alleged violations of the Illinois Biometric Information Privacy Act even where there is no allegation of actual harm to the plaintiff beyond a technical violation of the law.
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EEOC Delays EEO-1 Data Collection
May 11, 2020
The U.S. Equal Employment Opportunity Commission has announced that it will delay the opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections until 2021.
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Recent NLRB Ruling Demonstrates How Profanity And Threats Can Be Protected Activity
April 23, 2020
In a recent decision by the National Labor Relations Board we are reminded that protected activity is not always polite and that the National Labor Relations Act protects such conduct unless it is “sufficiently egregious or opprobrious to remove it from the protection of the Act.”
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NLRB Emphasizes Employee Free Choice in Additional Amendments to “Quickie Election” Rules
April 20, 2020
On April 1, 2020, the National Labor Relations Board finalized a series of highly anticipated additional amendments to its union election procedures.
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DOL Issues 3 New Opinion Letters Regarding Excludability of Payments from the Regular Rate
April 9, 2020
On March 26, 2020, the U.S. Department of Labor (DOL) issued three new Opinion Letters, FLSA2020-3, FLSA2020-4, and FLSA2020-5 which all address various payments that may be excluded from the regular rate.
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Supreme Court Addresses Standards Of Proof In Discrimination Cases
April 8, 2020
In the midst of the COVID-19 pandemic, the U.S. Supreme Court has continued to issue opinions in pending cases. Two recent decisions are particularly relevant to employers.
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DOL Contradicts Itself on Use of Employer-Provided Leave
April 8, 2020
The problem with DOL’s revised Q&A is that it contradicts DOL’s Temporary Rules – which DOL issued at the same time.
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U.S. Supreme Court: Mixed Motive Framework Rejected as a way to Establish Causation in §1981 Claims
April 2, 2020
On March 23, 2020, the Supreme Court, in a unanimous decision, held that plaintiffs who bring actions under §1981 of the Civil Rights Act of 1866 bear the burden of showing that race was a “but-for” cause of their injury—that is, that their injury would not have occurred but for their race.
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NLRB to Lift Suspension on Board-Conducted Elections
April 1, 2020
Today, the NLRB announced it will not extend its temporary suspension of Board-conducted elections, and instead will resume conducting elections beginning Monday, April 6, 2020.
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