On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal prime contractors’ and first-tier subcontractors’ EEO-1 Type 2 Consolidated Reports for the period 2016-2020. On February 2, 2023, OFCCP released a list of contractors whose EEO-1 reports will be released unless they submit written objections no later than 11:59 p.m. EST on February 7, 2023.
Archives for February 6, 2023
ELEVENTH CIRCUIT REINFORCES FLUCTUATING WORKWEEK METHOD OF PAYING OVERTIME
The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an employee’s regular rate for all hours worked greater than forty in a workweek, instead of “time-and-a-half” pay for those hours. This method of pay — called the “fluctuating workweek method” — may be used when a nonexempt employee’s weekly hours vary.
THREE FORDHARRISON ATTORNEYS NAMED FORDHARRISON’S 2023 LCLD FELLOW AND PATHFINDER
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Paige M. Lyle has been selected as a member of the Leadership Council on Legal Diversity’s (LCLD) 2023 class of Fellows, this landmark program is an intensive, yearlong professional development program that mentors the legal industry’s diverse leaders of tomorrow. Jennifer C. Ohn and Danielle E. Pierre have been selected as the Firm’s LCLD Pathfinders, a seven-month professional program designed to train high-performing, early-career attorneys on foundational leadership and relationship-building.
Culotta Published on HRLaws.com
Jason Culotta, a partner in the Labor & Employment Practice Group of the New Orleans office, published the article “THC you at trial: Wrongful termination claim over CBD oil use avoids dismissal” on HRLaws.com. He provides a rundown of a recent opinion by the US District Court for the Eastern District of Louisiana which ruled that a jury was needed to decide a case after an employer terminated a disabled employee for failing a drug test because of her lawful CBD oil use and what it means for employers dealing with medicinal marijuana-related accommodations.
Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?
The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears oral argument in Groff v. DeJoy, No. 22-174.
Bipartisan Bill to Ban Most Non-Compete Agreements Reintroduced in U.S. Senate
A bipartisan group of U.S. Senators has reintroduced a bill, dubbed the “Workforce Mobility Act of 2023,” that would largely ban the use of employer non-compete agreements nationwide as a matter of federal law.
John Bryson II Authors “Shareholder Proposals Gaining Traction with Racial Equity Audits”
John Bryson II authors “Shareholder Proposals Gaining Traction With Racial Equity Audits,” published by Bloomberg Law.
Kathryn Russo Discusses Changes to Marijuana State Laws Affecting Workplace Policies
Kathryn Russo discusses ongoing changes to marijuana state laws and how they may affect workplace drug testing policies within different industries in “Legal marijuana and work: What to know about drug testing, policies and more,” published by Newsday.
The Year Ahead in Caffeinated Organizing
With a White House and NLRB that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023. Jackson Lewis principals Laura A. Pierson-Scheinberg and Felice B. Ekelman discuss what employers could or should do, especially since the “renaissance” is less governmental and more groundswell.
The Year Ahead in Expanding Privacy Laws: CCPA/CPRA, AI, Electronic Surveillance
The advanced technologies that facilitated much of the organizational productivity and business profitability during the pandemic will continue to raise legal and compliance issues in 2023. Listen as Jackson Lewis principals Jason C. Gavejian and Joseph J. Lazzarotti discuss the top issues data collection and use are causing for employers.
The Year Ahead in Cannabis Use Protections
As courts increasingly enforce applicable state and local laws that make marijuana legal instead of the federal law that makes it illegal, workplace substance abuse policies need a re-look. Jackson Lewis principals Catherine Cano and Kathryn Russo share insights on how the rapidly proliferating laws protecting marijuana and CBD are making marijuana issues for employers more complex.
Ranks of Quiet Quitters Climb as Layoffs Mount
Surveys from Gallup and a human-resources association capture a hybrid workplace with growing confusion and distrust.
Getting Employee Buy-In for Organizational Change
Six steps to creating a culture that embraces change.
Do Retention Bonuses Pay Off?
They can be a useful tool in the short term, but there’s no evidence they increase long-term loyalty.
Banning Noncompetes Is Good for Innovation
Research shows why companies should welcome the Federal Trade Commission’s proposed ban.
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