In today’s digital landscape, many organizations may face the unfortunate reality of a data breach. This second installment of a five-part series on employee data privacy will explore the key areas of risk that human resources (HR) professionals may want to consider in the event of a data incident. The
Articles on U.S. Labor, Employment, Benefits & Immigration Law
Beltway Buzz, October 11, 2024
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.
NLRB General Counsel Says ‘Stay-or-Pay’ Provisions Are Unlawful, Calls for Make-Whole Remedies for Noncompetes
In another post-McLaren Macomb challenge to common employer/employee agreements, on October 7, 2024, the National Labor Relations Board (NLRB) general counsel (GC) issued a memorandum warning employers that the GC views so-called “stay-or-pay” provisions as unlawful.
Littler Lightbulb: September Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month.
Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs to Treat Anxiety and Muscle Spasms
FTC Withdraws from MOU on Interagency Cooperation in Labor Review of M&A Deals
The Federal Trade Commission (FTC) has announced it will withdraw from the Memorandum of Understanding on Labor Issues in Merger Investigations one month after it entered into the MOU with three other agencies. The Aug. 28, 2024, MOU outlined cooperation in investigating the possible effects that mergers and acquisitions deals may have on labor markets.
2024 Election: What Employers Need to Know About Employee Voting Leave
As election day 2024 approaches, it is crucial that employers are aware of and comply with state law requirements on employee rights to voting leave. While not all states impose obligations on employers, many states do require employers to provide time off for voting, along with other requirements, and non-compliance can result in criminal or civil penalties. Employers are encouraged to review their voting leave practices and policies annually as there are constant developments in this area. One example is the District of Columbia’s newly revised law described below.
Top Five Labor Law Developments for September 2024
The International Longshoremen’s Association (ILA) ended its strike across the East Coast and Gulf Coast ports after reaching a tentative wage agreement with the U.S. Maritime Alliance (USMX). USMX, which represents port terminal operators, had been in contract negotiations for several months before its contract with the ILA, which represents nearly 50,000 dockworkers, expired on Sept. 30, 2024. Prior to the three-day strike begun on Oct.
Workplace Law After ‘Loper’: Are Non-Competes Dead?
The recent SCOTUS Loper Bright decision, the FTC’s final rule banning non-competes, and ongoing litigation may present significant challenges for employers enforcing non-compete agreements.
Federal Contractors Should Prepare for 2025 Minimum Wage Hike as Legal Challenges Unfold
Federal contractors may need to be prepared to increase pay for employees working on, or in connection with, covered federal government contracts. The hourly minimum wage for employees performing work on federal contracts will rise from $17.20 to $17.75 on Jan. 1, 2025, the Department of Labor (DOL) has announced.
Executive Perspectives on Leadership in Real Estate – Applying Lessons Learned
Building positive workplace experiences can lead to a fundamental, positive cultural shift, making leadership positions not only more accessible, but at once inspiring and aspirational.
International Employment Law Tracker—October 2024
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 October 2024 compiled by L&E Global.
U.S. Supreme Court to Consider Circuit Split on Voluntary-Departure Deadline
Noncitizens present in the United States illegally and facing deportation can request voluntary departure instead of a removal order under certain circumstances. If granted, an individual who follows the court’s directive will not be subject to the usual repercussions of deportation. Indeed, they might even be able to return to the United States quickly with proper sponsorship. But they must leave the country voluntarily within the period directed. If they do not, they can be subject to steep fines and be barred from returning to the United States for up to 10 years.
Debating Politics at Work: From Elections to DEI
Politics is a hot topic at any time, especially during an election year when discussions ranging from candidates’ qualifications to DEI spill over to the workplace. This prompts employers to think critically about the rules and regulations they implement to maintain a productive and inclusive environment.
USCIS Issues New Form I-131, Effective Immediately, With No Grace Period for the Old Edition
U.S. Citizenship and Immigration Services (USCIS) will publish a new edition of Form I-131, Application for Travel Document, on October 11, 2024, and will not accept the previous version of the form postmarked on or after that date.
Pay Transparency Laws – Do they Apply to Your Remote Workers?
According to recent study by the U.S. Bureau of Labor Statistics, 1 in 5 workers teleworked or worked from home for pay, with a variety of consumer polls indicating up to 90% of individuals in the workforce would prefer the option to work from home (at least in part).