Welcome and thank you for joining us for this special edition of We Get Work, live from Jackson Lewis’ Corporate Counsel Conference, CCC2023, at the Waldorf Astoria Monarch Beach resort in Orange County, California. What follows are high level conversations on conference programs and why they were important topics to present now.
Archives for May 5, 2023
Gavin Alexander Appointed by Gov. Healey to Judicial Nominating Commission
Nationwide employment law firm Jackson Lewis P.C. is pleased to announce Wellness Director Gavin Alexander has been appointed by Governor Maura T. Healey to the Judicial Nominating Commission (JNC), a panel responsible for advising the Governor on nominating and appointing judicial officers.
Daniel Schudroff Comments on Potential NLRB Remedies for Repeat Violators
Daniel Schudroff comments on a recent National Labor Relations Board ruling that laid out a list of harsher remedies it will consider using against repeat violators of the National Labor Relations Act In “NLRB Offers Guide For Remedies Against Repeat Violators,” published by Law360.
Courtney Malveaux Discusses Supreme Court’s Decision to Review Chevron Ruling
Courtney Malveaux discusses the U.S. Supreme Court’s recent decision to review its Chevron decision, which established that when a statute delegated to a federal agency is ambiguous or unclear, courts should defer to how the agency interprets the statute, and the ruling’s potential impact on future wage and hour laws in “How Justices’ Chevron Review Could Imperil Wage Rules,” published by Law360.
NIST Reveals Government Strategy to Support U.S. Semiconductor Research and Development
The U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) has released a paper outlining its vision and strategy for a National Semiconductor Technology Center (NSTC), a key component of the research and development program established by President Joe Biden’s CHIPS and Science Act.
Distribution Centers Should Brace for Restrictions on Their Use of Production Quotas
Warehouse distribution centers should prepare for increased regulation over their use of employee production quotas.
Manufacturing Employers Continue Smart Hiring, With a New Twist
Today’s manufacturers must be creative, yet transparent, in attempting to attract entry level and semi-skilled applicants to positions in good work environments with competitive pay and benefits (despite out-of-date misconceptions about the typical manufacturing work setting). Manufacturers need to attract the most talented, diverse, and skilled workforce.
Fifth Circuit Reverses Denial of Preliminary Injunction to Invalidate DOL Tipped Dual Jobs Rule
The U.S. Court of Appeals for the Fifth Circuit has reversed and remanded a district court’s denial of a motion to preliminarily enjoin the Dual Jobs Final Rule addressing when employers may take a tip credit under the Fair Labor Standards Act, published by the Department of Labor (DOL) in 2021.
Labor Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct
The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023). The decision applies retroactively to all pending “abusive conduct” cases.
Maintaining a Harmonious Workplace…With One Hand Tied Behind Your Back
The NLRB Limits Employers’ Ability to Discipline Employees for Harassing, Abusive, Racially Offensive Conduct Occurring Amidst Protected Activity
California Bill Seeks to Expand Cal/OSHA Jurisdiction to Domestic Workers
On February 16, 2023, California Assembly Member Wendy Carrillo, along with Senator Newman and Assembly Member Haney introduced Senate Bill (SB) 686, which, if passed, would increase the health and safety protections of domestic workers.
Is This the End of the Federal Contractor COVID-19 Vaccine Mandate?
On May 1, 2023, the Biden administration announced that it will end the COVID-19 vaccine requirement for federal contractors on May 11, 2023—which is the day that the COVID-19 public health emergency will end.
Connecticut Appellate Court Declines to Expand Definition of “Supervisor” for Hostile Work Environment Claims
In a recent decision, the Connecticut Appellate Court held that “supervisor” for hostile work environment discrimination claims brought under Connecticut law is the same as applied in similar federal claims brought pursuant to Title VII. The court’s decision in Tenisha O’Reggio v. Commission on Human Rights and Opportunities1 marks the
Kansas Enacts Law Defining ‘Male’ and ‘Female’ Strictly as Sex Assigned at Birth
On April 27, 2023, the Kansas Legislature overrode Governor Laura Kelly’s veto of Senate Bill (SB) 180, which defines “male” and “female” only by biological sex.
How Do I Get People to Do Their HR Tasks?
How does HR hold people accountable for the HR part of their jobs? For example, reviewing resumes, filling out performance appraisals, taking required training, signing documents, etc. I’m an HR professional at a company where employees take a lackadaisical approach to these checklists. They might be great at their jobs,