Jackson Lewis ranked No. 2 on the Law360 Pulse Ceiling Smashers list, which ranks firms based on the number of women attorneys in equity partnerships in “These Firms Have the Most Women in Equity Partnerships,” published by Law360.
Archives for August 30, 2023
Charles Wilson Appointed to Law360’s Texas Editorial Advisory Board
Charles Wilson has been appointed to the 2023 Texas Editorial Advisory Board by Law360. The editorial advisory board provides feedback on Law360’s coverage and expert insight on how best to shape future coverage.
International Employment Law Tracker—August 2023
Jackson Lewis is a founding member of L&E Global, a worldwide alliance of independent law firms providing advice and counsel on employment law matters. We are pleased to present you with recent international employment law updates for August 2023 compiled by L&E Global.
Fraud Doesn’t Pay in New York – August 2023 Update
AN OVERVIEW OF RECENT DECISIONS DEMONSTRATING THE BOARD’S ATTITUDE TOWARD 114-A
HEADS, I WIN – TAILS, YOU LOSE: The NLRB’s Decision in Cemex and Its Recently (Re)issued Election Rules Pave the Way for Unions to Organize Workplaces Quickly With or Without an Election
Executive Summary: For nearly 90 years, whether employees desired union representation was determined through a secret ballot election administered by the National Labor Relations Board (NLRB or Board). Though the National Labor Relations Act (Act) permits the use of other means to establish a union’s majority support, the Board and courts have long recognized the “method that best protects employees’ freedom of choice and best ensures majority rule is a Board-conducted, secret ballot election.” After legislative efforts to replace secret ballot elections with “card check” recognition failed (see, e.g., the Employee Free Choice Act and the Protecting the Right to Organize Act), the unelected NLRB has effectively done so on its own.
Public Employer Can Limit Employee Contact with Witnesses
A public utility did not violate the First Amendment when it prohibited an employee suspected of misrepresenting the reason for his absence from speaking to witnesses…
Employee Can Go Forward with Claim of Racial Bias by U.S. Postal Service
A Black employee of the U.S. Postal Service (USPS) showed that she was arguably more qualified for a promotion than the white applicant who received the job, and that…
Proposal Would Expand Authorized Participants in Worksite Inspections
The U.S. Department of Labor (DOL) announced a new proposed rule to broaden who can be authorized to accompany Occupational Safety and Health Administration (OSHA)…
Act Fast: National Labor Relations Board Reverts to Shortened 2014 Representation Election Timeframe
The National Labor Relations Board issued a final rule revising representation election procedures that will take effect on December 26, 2023. When implemented, the final rule will return to the “Quickie” or “Ambush” election rules originally adopted in 2014.
OSHA Wants to Revise its Worker Walkaround Representative Policy – Should Employers Be Concerned?
OSHA released a proposed rule on its worker walkaround representative policy that would allow a third-party employee representative to be present during Compliance Safety and Health Officer inspections. Public comments on OSHA’s proposal will be due by October 30, 2023.
IRS Emphasizes Health FSA and Dependent Care Assistance Program Substantiation Requirements
On April 28, 2023, the Internal Revenue Service’s Office of Chief Counsel released guidance reiterating claims substantiation rules for health flexible spending arrangements (health FSAs) under Internal Revenue Code Section 125 and frowning upon certain substantiation practices that seem to have crept into common usage.
California Changes Background Check Procedures
The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which go into effect October 1, 2023. The new regulations add restrictions, make clarifications, and significantly change the California background check process.
Don’t Miss the Target—Complying With Hazing Prevention, Training, and Reporting Requirements
University athletic administrators all across the country are welcoming back their athletes for the 2023–2024 athletic season. Athletes and coaches alike will meet with compliance administrators for a refresher on National Collegiate Athletic Association (NCAA) bylaws, nutritionists to discuss proper nutrition, and even media relations staff to discuss media obligations.
Indeed Is Offering $10,000 to Trans Workers Who Want to Relocate
Indeed Inc. will pay $10,000 to help transgender workers move to states where they feel safer
Labor Dept. Proposes Vast Expansion of Overtime Eligibility
The Biden administration seeks a threshold of about $55,000 in annual pay under which salaried workers must get overtime, up from $35,500.