Though the Fifth Circuit affirmed the district court’s judgment in its entirety in Golden Glow Tanning Salon, Inc. v. City of Columbus, Mississippi, Judge James C. Ho’s concurrence raised an interesting issue of whether there is an unenumerated constitutional right to work that could limit the government’s ability to regulate
Articles on U.S. Labor, Employment, Benefits & Immigration Law
DOL Notifies Government Contractors That It Intends to Disclose EEO-1 Data for Nonobjectors
We recently reported on a Freedom of Information Act (FOIA) request covering government contractors’ 2016–2020 Type 2 EEO-1 reports announced in the Federal Register, pursuant to which contractors had until October 19, 2022, to object to the disclosure of their data. The requesting investigative reporter and nonprofit news organization subsequently
How Retail Employers Can Comply with OSHA’s Heat Rule During the Cold Months
Employers are apt to focus on OSHA’s heat-related enforcement rules when temperatures are high, but protecting workers from heat hazards is critical throughout the year when fluctuations in temperature changes are unsafe.
What Retailers Can Do to Protect Employees From Workplace Violence During the Holiday Season
During the busy holiday season, retailers work harder than any other time of the year and, consequently, can experience an uptick in workplace incidents involving customer and coworker misbehavior.
Ladder Safety: Dos and Don’ts for the Retail Industry
Maintaining a competitive edge in the brick and mortar retail space can involve taking risks—having employees use ladders in day-to-day operations is one most retailers cannot avoid.
OFCCP Sued to Compel Release of EEO-1 Data
Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal contractors, including first-tier subcontractors, for the period 2016-2020.
World Cup Heat a Reminder for Employers on Heat-Related Illness
The 2022 FIFA World Cup in Qatar kicked off on November 20, 2022, in a special late fall edition of the quadrennial tournament—highlighting the dangers of high-heat work environments. Typically held in June and July, the 2022 World Cup is being held in November and December this time to avoid
CBP Expands Pilot Program Eliminating Entry Stamps on Admission to the United States
U.S. Customs and Border Protection (CBP) recently announced that it is expanding a pilot program to eliminate admission stamps in passports. The record being eliminated is the ink stamp and not the “visa stamp” that a U.S. embassy or consulate affixes to passports.
OFCCP Notifying Non-Objecting Contractors of Intent to Disclose EEO-1 Data
On the heels of the filing of the Center of Investigative Reporting lawsuit alleging OFCCP is not properly responding to its FOIA request for federal contractor 2016-2022 EEO-1 Type 2 Reports, the Agency is notifying companies for which it does not have a record of an objection, that the Agency
Budget Issues Causing Problems at NLRB
Although the National Labor Relations Board has been one of the most active and aggressive federal labor/employment agencies since Biden took control of the Executive Branch almost two years ago, there is trouble brewing. The NLRB has had the same $274 million dollar budget since 2014 according to its General Counsel Jennifer Abruzzo. The lack of a budget increase is now causing the NLRB to consider furloughing career agency employees. At the same time, the union for the NLRB workers publicly blasted the Board Administration, and more specifically GC Abruzzo, for their positions at the bargaining table on Thursday via its Twitter page @TheNLRBU.
In a letter to the House and Senate Appropriations subcommittees responsible for NLRB funding, co-authored by NLRB Chair Lauren McFerran and General Counsel Abruzzo, explained that the budget paralysis, combined with inflation, has substantially reduced the NLRB’s purchasing power to just 75% of what it was in 2014 and that additional funding will be needed to keep the NLRB at status quo in light of $18.7 million in new expenses for required pay increases, non-labor inflation, and upcoming field office relocations. These increased expenses, says the NLRB, are beyond its control and, absent Congressional approval of a sufficiently increased budget, it will have to furlough NLRB employees. Of note, the letter cites a $10.7 million increase in labor costs stemming from a 4.6% raise to its workforce that goes into effect in 2023 and emphasizes that the NRLB has “exhausted its ability to absorb cost increases through staff attrition and operational efficiencies,” suggesting the NLRB is already running a lean operation.
Guns in the Workplace After the Supreme Court’s Bruen Decision: What Has Changed, and What Can Employers Expect?
On June 23, 2022, the Supreme Court of the United States issued a 6–3 decision in New York State Rifle & Pistol Association v. Bruen that expanded the right of Americans to bear arms as guaranteed by the Second Amendment of the U.S. Constitution. More accurately, the Court significantly curtailed
Franczek Authors Law360 Article: Does NLRA Preempt Suits Against Unions For Strike Damage?
Originally published on Law360 On Oct. 3, the U.S. Supreme Court granted review of a case in which the central issue is whether the National Labor Relations Act preempts state lawsuits brought against unions for causing property damage while conducting […]
Littler World Cup Matchups Part 4: Drug and Alcohol Testing
How to Deal with a Challenging Leader
In this episode, Jen offers some tips for HR professionals to deal with challenging (i.e., difficult!) leaders.
Littler World Cup Matchups Part 3: Workplace Safety
Welcome to week 2 of our Littler World Cup series, where we compare various aspects of labor and employment law in some of the countries competing the following week. In Part 1 of this series, we examined paid vacation and annual leave entitlements available to employees who might be
Social Profiles