By: Cody Weyhofen and John Vering
On August 30, 2023, the Department of Labor (“DOL”) announced a proposed rule that seeks to significantly raise the minimum salary threshold needed to qualify for overtime-pay exemptions under the Fair Labor Standards Act (“FLSA”). If the rule takes effect, it’s estimated that an additional 3.6 million employees will become entitled to overtime compensation.
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By: Shannon Johnson
As explained in our previous client alert, the Pregnant Workers Fairness Act (“PWFA”), effective June 27, 2023, requires public and private sector employers with at least 15 employees to make reasonable accommodations for employees or applicants with known limitations related to or arising out of pregnancy, childbirth, and other related conditions, absent undue hardship. The PWFA did not define what constitutes a reasonable accommodation, and Congress required the Equal Employment Opportunity Commission (“EEOC”) to propose regulations by the end of the year to provide examples of reasonable accommodations, among other things.
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By: Cody Weyhofen, Mark Opara, and John Vering
On August 2, 2023, the National Labor Relations Board (“NLRB”) adopted
a new standard to determine whether an employer’s workplace rules or policies violate employees’ rights under the National Labor Relations Act (the “Act”). As a result, many employers will need to review and revamp their employee handbooks and manuals to avoid a potential lawsuit.
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By: Cody Weyhofen
The Department of Homeland Security (“DHS”) and U.S. Citizenship and Immigration Services (“USCIS”) recently announced changes to Form I-9 and its related document verification procedures. Although these changes will likely streamline the employee-onboarding process, employers will first need to comply with multiple upcoming deadlines and determine whether they qualify for remote verification procedures.
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By: Katie Conklin
On June 29, 2023, the U.S. Supreme Court issued a unanimous opinion in Groff v. DeJoy, raising the standard for determining when a religious accommodation constitutes an “undue hardship” for an employer. Under the decision, an employer may only deny an employee’s request for religious accommodation if the accommodation would create a substantial hardship to the employer’s business.
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By: Cody Weyhofen, John Vering, and Mark Opara
On June 13, 2023, the National Labor Relations Board (the “Board”) issued a decision revamping the test to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act (the “NLRA”). As a result, workers previously categorized as independent contractors may now be entitled to the rights and protections afforded to employees under the NLRA.
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By: Katie Conklin and Cody Weyhofen
As we explained in our previous client alert, on February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that confidentiality and non-disparagement provisions typically found in severance agreements are unlawful if they interfere with an employee’s Section 7 rights under the National Labor Relations Act (the “Act”) to organize, bargain collectively, and engage in concerted activities that affect terms and conditions of employment.
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By: Katie Conklin and John Vering
The U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) recently published guidance concerning the Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA). As we explained in our previous client alert, the PUMP Act, effective April 28, 2023, requires employers pay breastfeeding employees for “hours worked” during certain lactation breaks; and the PWFA, effective June 27, 2023, requires employers to provide reasonable accommodations for pregnant employees.
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