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.
It’s That Time Again: OFCCP Certification Portal Opens March 31, 2023
OFCCP announced yesterday, March 20, 2023, that the Contractor Certification Portal will open in ten days. Contractors have until June 29, 2023 to certify that they are in compliance with OFCCP’s affirmative action and non-discrimination regulations.
“Slippery Super Bowl Should Raise OSHA Red Flags For Cos.” Law360 Expert Analysis
Spartanburg attorney, Kristin Gray, authored the Expert Analysis, “Slippery Super Bowl Should Raise OSHA Red Flags For Cos.,” to Law360.
EntertainHR: Voluntary Resignation – What Employers Can Learn from Meredith Grey’s Departure
I still remember March 27, 2005, vividly. It was the day that my friends and I huddled together in my college dorm room to watch the pilot episode of ABC’s Grey’s Anatomy. It was the very first (and last) time that I had the rare pleasure of collectively gathering
SARAH MORTON NAMED FORDHARRISON’S HOUSTON OFFICE MANAGING PARTNER
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Sarah Morton was named FordHarrison’s Houston Office Managing Partner. Sarah founded the Houston office in November of 2022.
EMILY CHASE-SOSNOFF SELECTED FOR ANTI-DEFAMATION LEAGUE’S 2023 GLASS LEADERSHIP INSTITUTE
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Emily Chase-Sosnoff, Partner in the firm’s Tampa office, has been selected to participate in the Anti-Defamation League’s 2023 Glass Leadership Institute (“GLI”).
FORDHARRISON PROMOTES NINE ATTORNEYS TO PARTNER AND THREE TO EQUITY PARTNER STATUS
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce the promotion of 12 attorneys.
90 Day Fiancé–A How-To on U.S. Immigration and Life?
90 Day Fiancé, the flagship television series of the juggernaut franchise on TLC, introduces viewers to a diverse cast of couples, all of whom have one major goal in common: One-half of the couple seeks permission to remain permanently in the United States based on the other’s U.S. citizenship.
NEW NLRB DECISION PROHIBITS OVERLY BROAD LANGUAGE IN NON-DISPARAGEMENT AND CONFIDENTIALITY PROVISIONS IN SEVERANCE AGREEMENTS
Executive Summary: The National Labor Relations Board (the Board) recently overruled two prior Board decisions and held that overly broad language in non-disparagement and confidentiality clauses included in severance agreements provided to eleven bargaining unit employees violated the employees’ Section 7 rights under the National Labor Relations Act (NLRA).
EQUAL PAY DAY 2023: ATTACKING THE GENDER PAY GAP
The first Equal Pay Day observance in the United States was organized in 1996 by the National Committee on Pay Equity to raise awareness of the wage gap and its impact on women. Equal Pay Day marks the point when the average woman’s current earnings, combined with what she earned in the previous year, equals what the average man was paid last year. This year, Equal Pay Day will be recognized on March 15, 2023.
Slipping and Sliding Through the Big Game and Workday
The Kansas City Chiefs and the Philadelphia Eagles were scheduled to face off on the Biggest Stage, but it looked more like they were facing off on the Biggest Ice Rink. Both teams appeared to slip and slide across the nearly $800,000 turf, drawing significant media attention and criticism
“FORDHARRISON ADDS EX-TEXAS APPEALS COURT ATTY IN HOUSTON,” LAW360 PULSE
Kevin Little was featured in the Law360 Pulse article, “FordHarrison Adds Ex-Texas Appeals Court Atty In Houston”. Welcome to the firm, Kevin!
SIX FORDHARRISON ATTORNEYS LISTED AS 2023 GEORGIA SUPER LAWYERS AND RISING STARS
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce Patricia G. Griffith, Partner; Jeffrey D. Mokotoff, Partner; and Frederick L. Warren, III, Partner, all in the firm’s Atlanta office, have been selected for inclusion on the 2023 Georgia Super Lawyers list. Loren C. Locke, Partner; Matthew D. Grabell, Counsel; and Leslie B. Hartnett, Senior Associate, all in the Atlanta office, have been named to the 2023 Georgia Rising Stars list.
OFCCP PUBLISHES LIST OF CONTRACTORS WHOSE EEO-1 REPORTS WILL BE RELEASED AND OFFERS ONE LAST CHANCE TO OBJECT
On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal prime contractors’ and first-tier subcontractors’ EEO-1 Type 2 Consolidated Reports for the period 2016-2020. On February 2, 2023, OFCCP released a list of contractors whose EEO-1 reports will be released unless they submit written objections no later than 11:59 p.m. EST on February 7, 2023.
ELEVENTH CIRCUIT REINFORCES FLUCTUATING WORKWEEK METHOD OF PAYING OVERTIME
The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an employee’s regular rate for all hours worked greater than forty in a workweek, instead of “time-and-a-half” pay for those hours. This method of pay — called the “fluctuating workweek method” — may be used when a nonexempt employee’s weekly hours vary.