The “New York Collegiate Athletic Participation Compensation Act” (S.5891-F/A.5115-E) allows New York college athletes to receive compensation for their name, image, and likeness (NIL) without losing their scholarships or eligibility. It also allows these players to use an attorney or agent for business deals without punishment.
Archives for November 29, 2022
OFCCP Proposes Burdensome Changes to its Compliance Review Scheduling Letter
Executive Summary: Just two days before the Thanksgiving holiday, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposed scheduling letter and itemized listing seeking a number of additional documents and data at the initial stage of a compliance review. The proposed scheduling letter and itemized listing were published for public comment on November 21. The OFCCP last revised its scheduling letter and itemized listing in April 2020. This most recent proposal, if approved, will exponentially increase the compliance burden on federal contractors and will ensure that every compliance review is a deep dive into contractors’ EEO practices regardless of whether such a detailed level of review is necessary.
Noncompete News Alert: Update to Washington, D.C. Ban on Noncompete Agreements
D.C. Noncompete Ban, Years in the Making: On January 25, 2021, FordHarrison published a Legal Alert indicating that Washington, D.C. would soon implement a ban on noncompete agreements. As noted, the Ban on Non-Compete Agreements Amendment Act of 2020 was considered one of the most far-reaching prohibitions on noncompete agreements in the country. However, feedback from the business community prompted the D.C. Council to revisit the Act, delaying its implementation. Finally, the D.C. Non-Compete Clarification Amendment Act of 2022 (the “Amendment”) went into effect on October 1, 2022. This newly amended version, while less far-reaching, is still a significant ban on the use of noncompete agreements and includes important changes that every D.C. employer should know.
Invasion of Privacy Lawsuits Will Be On The Rise In California Where Employers Use Monitoring/Tracking Technology
Employee monitoring and tracking technologies implemented to ensure remote employee productivity for remote work during the COVID-19 pandemic need to be handled carefully. California employers seeking to learn whether employees surfed the internet or posted to social media for non-work purposes have increasingly used a variety of technologies, including keystroke monitors and other productivity software on phones and laptops, GPS trackers on work computers and work vehicles, and website monitoring on computers to monitor employees’ activities. Some employers monitor logins, activity on messaging, and collaborative programs and applications such as Slack, Google Workspace, Microsoft Teams, and Microsoft Office to track employees’ work time.
The Electronic Communications Privacy Act of 1986 (EPCA), passed by Congress, is the federal law that governs the monitoring of electronic communications in the workplace. The Act prohibits employers from intentionally intercepting and monitoring their employees’ work communications. However, there are some exceptions that allow employers to get around the Act. The first is the Business Purpose Exception, which permits employers and companies to intercept their employees’ work communications, when the company can prove that a legitimate business purpose exists. The second exception is when the employer receives consent from their employee allowing the monitoring and intercepting of the employee’s oral, wire, and electronic work communications. Employers often seek written consent during the orientation process as part of the onboarding documents.
What We Know About the Railroad Labor Talks
Congressional lawmakers vowed to act quickly to prevent a strike by tens of thousands of rail workers, which would have a devastating effect on the economic recovery.
Snap employees to be in offices 80% of time from end-Feb (Nov 28)
Snap Inc will require employees to work from its offices 80% of the time, starting from the end of February, the company said on Monday.
Inglewood carwash ordered to pay over $900,000 for cheating workers
In the latest crackdown against wage theft in Southern California, state officials said Tuesday they would penalize an Inglewood carwash operator more than $900,000 for paying workers far below the minimum wage and denying them overtime and rest breaks.
This tattoo artist reveals how attitudes around body art have changed in the workplace
Due to the widespread adoption of remote work, employees feel more comfortable than ever revealing their personalities at the workplace.
Walmart shooting raises need for workplace violence prevention
Employees should focus on identifying ‘yellow flags’ rather than ‘red flags,’ expert says
How to avoid common workplace injuries (and treat them if they happen anyway)
Many workplace injuries can be avoided with proper safety procedures. But for those that occur anyway, employers need a plan to get staff the right care quickly and affordably.
POLITICO Playbook: Why ‘Union Joe’ put the screws to rail workers
Thirty years later, as president, Biden is turning to those very same laws to prevent another strike and impose a tentative contract agreement that his administration brokered but multiple rail unions voted to reject.
Dear Littler: Can We Require Proof that Our Applicants Are Authorized to Remain in the United States Permanently or at Least for the Foreseeable Future?
Dear Littler: We are a multi-state manufacturing company with facilities throughout the United States. Like many companies, we have experienced a great deal of employee turnover in the last few years. Many of our employees are immigrants. As we are advertising for and hiring new employees, can we require
‘Tis the Season… to Consider ESG Investments in Your 401(k) Plan
We recently summarized the regulatory back and forth of the past few years relating to environmental, social, and corporate governance (“ESG”) factors and their impact on ERISA retirement plans and the fiduciaries that oversee them.
As expected, the Biden administration released a proposed rule last year that re-opened the door
Work Visas and One International College Athlete’s Slam Dunk on His Name, Image, and Likeness Rights
A basketball player from the Dominican Republic could be the first prospective National Collegiate Athletic Association (NCAA) athlete to secure an O-1 temporary work visa for those with “extraordinary ability” in athletics to allow him to profit from his name, image, and likeness (NIL) while in school. The move comes
What if you could offset some of the cost of hiring without impacting your applicant experience or burdening your hiring managers? It sounds like a dream, but it can be done with a properly managed process around the Work Opportunity Tax Credit (WOTC). What’s WOTC?
The Work Opportunity Tax Credit