The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.
Archives for June 16, 2024
OSHA Issues CSHO Recordkeeping Guidance on Certain Musculoskeletal Treatments During Working Hours
On May 2, 2024, OSHA issued recordkeeping guidance that provides guidance to Compliance Safety and Health Officers (CSHOs) when the treatment given is first aid, Active Release Techniques (ART), and/or exercises and stretching. In particular, the enforcement guidance focuses on the use of those modalities during working hours to treat
Supreme Court Confirms More Stringent Test Before Granting Section 10(j) Injunctions In Rare Win For Employers
Earlier this week, in Starbucks v. McKinney, 602 U.S. ____ _2024), the Supreme Court resolved a disagreement among federal appeals courts on how requests for injunctive relief under Section 10(j) of the National Labor
Use of Plan Forfeitures Not the Slam Dunk It Used to Be
A recent rash of class action lawsuits in California claim that using forfeitures to reduce future employer contributions to tax-qualified retirement plans runs afoul of the Employee Retirement Income Security Act (ERISA). These cases have continued to advance despite their central claim seeming to contradict long-standing Internal Revenue Service (IRS)
Supreme Court Weakens NLRB’s Ability to Obtain Injunctions in Labor Cases
On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions. The ruling weakens the Board’s ability to obtain quick court orders to maintain the “status
Cybersecurity Assessments – Webinar On-Demand
California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable
In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state, required that arbitration be conducted in another state, and forced the employee to share arbitration or
OSHA’s Proposed Heat Illness Prevention Standard Is at the White House for Review: What’s Next?
On June 11, 2024, the Occupational Safety and Health Administration (OSHA) sent its proposed standard on indoor/outdoor heat illness prevention to the White House’s Office of Information and Regulatory Affairs (OIRA) for review. As detailed below, the proposal is expected to include temperature levels triggering coverage under the standard, acclimatization
Get Ready for July 1, 2024 Federal Increased Salary Thresholds
By: Get Ready for July 1, 2024 Federal Increased Salary Thresholds
The U.S. Department of Labor (“DOL”) issued its much-anticipated Final Rule, which increases the salary threshold that determines whether employees are exempt from overtime pay under the Federal Law, Fair Labor Standards Act (“FLSA”). Under Federal law, employers must meet
EntertainHR: Baby Reindeer and Employee Protections for Victims of Stalking or Domestic Violence
Baby Reindeer on Netflix is the dark, fictionalized account of how one man’s stalker forever changed his life. It tells the story of a struggling London comedian, Donny Dunn, who meets a woman, named Martha, in a pub where he works as bartender. Martha then begins harassing and stalking Donny,
The “Right to Disconnect”
In this episode, Jen analyzes AB 2751, which would require employers to allow employees to “disconnect” during non-work hours.
Minimum Salaries and the Evolving Workforce: Why the DOL’s New Automatic Salary Updates Clash With Legal Precedent and Economic Facts
Alexander MacDonald says overtime exemptions are about to get more expensive as the salary necessary to qualify for the FLSA’s “white collar” exemptions will rise in July and again in January 2025.
The Federalist Society
More states are requiring companies to list salary ranges on job ads—here’s where
Joy Rosenquist talks about the increase in pay transparency laws across the U.S. and explains how pay transparency can be a valuable retention and recruitment tool for employers.
CNBC
More States Are Passing Pay Transparency Laws
Joy Rosenquist says transparent pay policies can be a valuable retention and recruitment tool for businesses because employers that disclose more information than they’re required to garner more trust from both job-seekers and employees.
New York State Society of Certified Public Accountants
9th Circ.’s AB 5 Ruling Leaves Less Hope For Striking Law
Alexander MacDonald talks about a recent decision from the Ninth Circuit that determined that A.B. 5 doesn’t violate certain businesses’ equal protection rights.
Law360 Employment Authority
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