by Paige Good and Harrison Kosmider, McAfee & Taft
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The National Labor Relations Board (NLRB) published its long-awaited proposed regulation defining the joint-employer relationship. The new rule, which reinstates an “indirect control” standard, hopes to bring an end to a...
The Center for Investigative Reporting (CIR) submitted a Freedom of Information Act (FOIA) request to the Office of Federal Contract Compliance Programs (OFCCP) for all Type 2 Consolidated EEO-1 Reports filed by federal...
As the midterm elections approach and the end of a Democratic Senate looms, President Joe Biden’s key labor/employment nominees remain unconfirmed. With the number of legislative days decreasing and with many Senators...
American labor laws seem to be a way of transforming the innate antagonisms between labor and management into a more manageable form of duel: A union elected by the workers engages in collective bargaining with the...
People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue? Well, in one case, a manager held a grudge against an employee for 11 years. The...
With labor shortages leaving fast food and other minimum-wage work environments short-staffed, many businesses are relying on teenage employees to fill the void. But employers must be aware of applicable child labor laws...
Government employees and officials are granted “qualified immunity” in suits where they act in good faith and with a reasonable belief that their actions comply with the law. Most frequently, qualified immunity is...
We’re hearing from business clients what we’re all seeing in the headlines: Employees are hard to hire and retain these days. “The Great Resignation” is a new phrase used to describe the unprecedented level of employee...
Most HR professionals are aware that under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and similar state laws, they have to provide military leave for employees with military service...
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified...
Generally speaking, you can prohibit your employees from engaging in certain activities (including social media use) during work hours or while using your equipment and/or communication systems—and discipline them for...
During July 2022, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 workplace guidance. The new standards set forth important updates and clarifications regarding COVID-19 testing, vaccine mandates...
In the 1960s science fiction television series Lost in Space (and the more recent Netflix reboot), a space-faring family befriends a robot who protects them from various intergalactic perils. The youngest member of the...
On August 2, 2022, the New Jersey Supreme Court issued a unanimous opinion stating that workers previously classified as independent contractors were actually employees of a drywall installation business. The court also...
It’s official: Nebraska voters will vote on whether to raise the state’s minimum wage to $15 per hour by 2026. Earlier this summer, we reported on the petition drive and the submission of signatures, which have now been...
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