The U.S. Equal Employment Opportunity Commission (EEOC) today released its Annual Report on the Federal Workforce for fiscal year (FY) 2020. Despite the significant progress the federal sector has made in promoting equal employment opportunity (EEO), workforce data suggested that some inequities persist.
Archives for March 23, 2023
Amazon Union Prevails in Ruling on Warehouse Access for Organizing
Federal labor regulators said that Amazon had illegally barred off-duty employees from work sites and that the policy was aimed at union backers.
Keeping Up with the EEOC: 5 Takeaways from its Algorithm Rewriting Settlement
On March 20, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had entered into a conciliation agreement with DHI Group, Inc. (“DHI”), a job search website operator, after it found “reasonable cause” to believe that job ads posted by DHI’s customers were violating Title VII of the Civil Rights Act of 1964 (“Title VII”) by discouraging workers of American national origin from applying.
Size discrimination may limit job prospects. New York City may ban it.
When Kimmie Singh started her rotations as a dietitian-in-training, she knew her schooling, grades and references wouldn’t be a problem to land the best opportunities. But her weight would be.
Why Bosses Who Praised Remote Work Sour on Productivity From Home
Some companies now see flexible work setups as a liability in a slowing economy
Fired postal worker’s age bias, retaliation claims reinstated
A federal appeals court on Tuesday reversed a lower court ruling and reinstated age discrimination and retaliation claims filed by a fired postal worker.
More NLRB News about Separation Agreements
My March 7, 2023, blog addresses the National Labor Relations Board’s recent fascination with confidentiality, non-disclosure, and non-disparagement provisions in separation agreements.
OSHA Gets Authority to Issue Visa Certifications Protecting Immigrants Who Aid Criminal Investigations
The Occupational Safety and Health Administration (OSHA) has announced that as of March 30, 2023, it will be authorized to give legal protection to immigrant workers involved in workplace safety and health inspections by issuing certifications in support of applications for “U” and “T” non-immigrant status visas.
GC Memo 23-05: General Counsel Issues Guidance on the NLRB’s Recent Decision on Non-Disparagement and Confidentiality of Agreement Provisions in Severance Agreements
Executive Summary: As discussed in our February 23, 2023 Legal Alert, the National Labor Relations Board (NLRB or Board) recently held in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) by merely proffering severance agreements containing overly broad non-disparagement and confidentiality of agreement clauses to permanently furloughed bargaining unit employees.
NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively
On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in severance agreements are unlawful. In the memorandum, the GC states that she interprets the decision to apply retroactively to agreements already
CDPH to End COVID-19 Vaccination and Masking Mandates for Healthcare Workers
The COVID-19 State of Emergency for California ended on February 28, 2023. In its wake, the California Department of Public Health (CDPH) has announced impending updates to its remaining COVID-19 mandates, including those applicable to healthcare workers.
On March 3, 2023, the CDPH announced it would end vaccination requirements for
PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds
In an issue of first impression, the U.S. Court of Appeals for the Third Circuit held that paid time off (“PTO”) is not a form of salary under the Fair Labor Standards Act (“FLSA”) and, therefore, deductions from a salaried employee’s PTO balance do not violate the Act. Higgins v.
Treasury Department’s Greenbook Discusses Tax Treatment of On-Demand Pay
The U.S. Department of the Treasury has released a document to explain the revenue proposals included in President Biden’s FY 2023 proposed Budget.
Come On…It’s 2023!
In this episode, Jen reminds us that female employees still receive inappropriate comments about their appearance, and offer some suggestions to stop this behavior.
Lawful Permanent Residents May Use Newly Available Mail Option for Temporary Evidence of Status
Lawful permanent residents may receive temporary evidence of their lawful permanent resident (LPR) status by mail, rather than physically visiting a field office, USCIS has announced.
LPRs eligible for delivery of temporary evidence of status will be mailed a Form I-94 with ADIT stamp, DHS seal, and a printed