During the prior Administration, the National Labor Relations Board (NLRB) scrutinized employment policies contained in handbooks and policy manuals, and found many of the policies unlawful under the theory that they “chilled” the exercise of employees’ Section 7 rights under the National Labor Relations Act (NLRA). Virtually no category of policy was immune from challenge—the NLRB invalidated policies ranging from confidentiality, cameras, and e-mail usage to media relations, just to name a few.
No Longer Giving Your Employee a “Warm Welcome” or saying “Good Morning”? Court Rules that Could be Evidence of Retaliation
A recent decision from a federal court in New York serves as a reminder to employers in South Carolina and North Carolina of just how difficult an employee’s allegations of retaliation can be to challenge, and how employers successfully can defend themselves against a discrimination claim—only to lose on the retaliation claim based on the same facts.
Title IX Meets VII: Grappling with Gender-Based Harassment and Discrimination in Education
Employers in education are familiar with Title IX of the Education Amendments of 1972 and its applicability to all schools receiving federal funding. Title IX states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX applies to students and employees, and impacts decisions pertaining to admissions, athletics, funding, employment of women as faculty and administrators, sexual harassment, and testing. For employees (including faculty), Title IX is an additional overlay to other federal laws protecting employees from gender-based discrimination, including Title VII.
Congratulations to Boeing’s Employees and to South Carolina!
On February 15, 2017, the vast majority of Boeing’s employees in North Charleston and Ladson, South Carolina, rejected the International Association of Machinists’ attempt to unionize them. Of the 2,828 Boeing employees who voted, 2,097 of them — 74% — voted against unionization.
Alexander Acosta Nominated to Lead U.S. Department of Labor
Acosta is expected to have a smoother path to confirmation because he has previously been confirmed by the Senate to three positions—National Labor Relations Board (NLRB or Board) Member, Assistant Attorney General, and U.S. Attorney.
What to Expect from OSHA Under President Trump
Republican administrations tend to put more emphasis on helping employers comply with Occupational Safety and Health Administration requirements than on punitive enforcement actions. President Trump is familiar with OSHA because contractors on his construction sites have had run-ins with the agency, so it is even more likely that his Department of Labor will prioritize educational and voluntary programs over high-profile fines and litigation.
Top Ten Expected Labor and Employment Law Changes by the New Trump Administration
With the inauguration behind us, what changes do we expect the Trump Administration to make to labor and employment laws? The following is a top ten list of those expected changes, as recently discussed during a webinar that was part of Nexsen Pruet’s HR Certificate Series for 2017.
OSHA 300A Summaries Should be Completed and Posted by Now
The 300A log summarizes any work-related injuries and illnesses employees experienced during 2016, and it must be completed and posted even if no injuries or illnesses occurred during the year.
Guns and the Workplace
For some, just the mention of those words in the same sentence brings to mind a number of horrible scenarios. Others immediately bristle at the idea of perceived infringement of “my right to own a gun.” In between those two reactions are many more that range from fear of workplace violence to balancing Constitutionally protected rights with other concerns.
EEOC Public Input Deadline on Proposed Harassment Enforcement Guidance Extended to March 21
The EEOC enforces various federal laws designed to protect individuals from harassment based upon protected categories such as race, religion, sex, national origin, age, disability or genetic information. The EEOC’s proposed guidance explains the legal standards applicable to claims of unlawful harassment under the federal employment discrimination laws.
The Basics of Unemployment Taxes
Nearly all private employers in the Carolinas are required to pay quarterly unemployment insurance (“UI”) taxes to the relevant state unemployment agency on behalf of their employees. Like other insurance and tax obligations, UI taxes can have a significant impact on employers’ bottom line, particularly if they are not aware of the factors impacting their tax rates.
Recent Immigration Executive Actions: What you need to know in a nutshell
On Friday, January 27, President Trump issued an Executive Order (EO) that has been implemented immediately concerning entry into the United States of certain foreign nationals from the following countries
Fourth Circuit Pronounces Joint Employer Test Under FLSA
On Jan. 25, 2017, the Fourth Circuit Court of Appeals, which has jurisdiction over North and South Carolina, issued an opinion in a collective action wage and hour case setting forth a six-factor test for determining whether two persons or entities constitute joint employers under the Fair Labor Standards Act (FLSA). Salinas v. Commercial Interiors Inc., Opinion No. 15-1915. On the same day, the court also issued another opinion in two consolidated wage and hour cases under the FLSA, applying the six-factor test and reversing the district court’s dismissal of the cases. Hall v. DirectTV, LLC, Opinion Nos. 15-1857 and 15-1858. These opinions resolve some uncertainty regarding joint employment determinations under the FLSA that had been created by the varying tests used by district courts within the Fourth Circuit and set forth a broader, more expansive approach to joint employment determinations under the FLSA than under Title VII. A discussion of the Fourth Circuit’s joint employment test under Title VII can be found here.
New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies
For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article highlights four important policies most employers should have – and one particular policy that employers should consider removing from company handbooks or manuals.
2016 Employment and Labor Law Final Exam Answer Key
Thank you to everyone who participated in Nexsen Pruet’s 2016 Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to Carolyn Hickman-Williams and Arthur Kramer for being selected from the pool of respondents with correct answers. Carolyn and Arthur will receive a gift basket from Grey Ghost Bakery.