If you read our blog, you know that the National Labor Relations Board (“NLRB” or the “Board”) has been feeling particularly spicy this year. Well, they are at it again, and this time, they’ve issued a decision in Stericycle, Inc. that requires a very close look at your handbooks and policies.
Archives for August 7, 2023
Jackson Lewis Adds Roger G. Trim in Denver
Nationwide employment law firm Jackson Lewis P.C. is pleased to announce Roger G. Trim has joined the firm’s Denver office as a principal. Roger joins the firm from Ogletree Deakins where he was office managing shareholder for its Denver office.
Neil Dishman Discusses Illinois’ Temporary Worker Protections
Neil Dishman discusses Illinois’ new protections for temporary workers, which requires workers employed by staffing agencies to be paid the same as company employees in comparable jobs once they have worked for a company for 90 days in “Pritzker signs law to strengthen protections for Illinois temp workers,” published by Chicago Tribune.
Virtual Inspection of Form I-9 Original Documentation Permanent Option for Qualified Retailers
Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including retailers, at the beginning of the hiring process.
Labor Board Returns to Case-by-Case Approach for Determining Lawfulness of Work Rules
The National Labor Relations Board has again revised its standard for assessing whether an employer’s facially neutral work rules (rules that do not explicitly restrict Section 7 activities) unlawfully restrict employee activity protected under the National Labor Relations Act. Stericycle, Inc., 372 NLRB No. 113 (2023).
Illinois Amends Gender Violence Act, Codifies Application to Employers in Certain Circumstances
An amendment to the Illinois Gender Violence Act (740 ILCS 82 et seq.), codified as Public Act No. 103-0282, was signed by Governor J.B. Pritzker on July 28, 2023, and goes into effect January 1, 2024.
Manufacturers and Labor Board’s Decision Limiting Employers’ Response to Abusive Workplace Conduct
The National Labor Relations Board has narrowed the rights of employers to discipline employees who, while engaged in protected concerted activity under the National Labor Relations Act, engaged in abusive conduct. Lion Elastomers LLC, 372 NLRB No. 82 (2023).
Fourth Circuit Panel Questions Validity of Court’s Burden of Proof for FLSA Overtime Exemptions
The employer must prove the applicability of an exemption from overtime under the Fair Labor Standards Act (FLSA) with “clear and convincing” evidence, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has held, adhering to prior circuit precedent but acknowledging the “clear and convincing” standard may no longer be valid.
Lewis Presents During Virtual HR Conference
Sid Lewis, a partner in the Labor & Employment Practice Group presented during the Netchex Mini-Netconnect 2023 virtual conference on May 11, 2023.
OSHA Is Not Backing Down — Employers Must Address Risks of Extreme Heat
Even when you aren’t directly experiencing this summer’s heat, you are probably reading or hearing about it.
Goldberg Segalla Welcomes Lee C. Stoddard
Goldberg Segalla added Lee C. Stoddard to the firm’s Workers’ Compensation group in Syracuse.
EEOC Issues Proposed Rule to Implement the Pregnant Workers Fairness Act
The U.S. Equal Employment Opportunity Commission (EEOC) today issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). The NPRM was posted by the Federal Register for public inspection today and will be published for public comment in the Federal Register Aug. 11. Members of the public wishing to comment on the NPRM will have 60 days from the date of publication to do so through www.regulations.gov.
What Smart Companies Know About Integrating AI
Talent and data are just as important as technology.
We Can Craft a Workable Workplace Democracy for a Socialist Future
The structure of democratic firms within a socialist framework might clash with broader goals such as balanced growth and equitable income. We will need a model that can harmonize firm-level democracy with macroeconomic expansion and a soldaristic wage.
Punching In: EEOC Chair Targets AI, Pay, Pregnancy as Priorities
Riddhi Setty: Equal pay, harassment guidance, artificial intelligence bias, and protections for pregnant workers are among EEOC Chair Charlotte Burrows’ top issues to tackle as the commission kicks into gear with a long-awaited Democratic majority following the confirmation of Kalpana Kotagal.