by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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At year-end, it’s traditional that we cast an eye back at the events of the past months. The view from K Street is, admittedly, skewed, but tries to be panoramic. What past events will shape our future? COVID-19. It won...
On November 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposal to require contractors to provide substantially more data to the agency at the desk audit stage. For a complete...
The Equal Employment Opportunity Commission (EEOC) published its proposed strategic plan for fiscal years (FYs) 2022 to 2026 on November 4, 2022, with comments due by December 5, 2022. The strategic plan serves as a...
The National Labor Relations Board (NLRB) has been the most aggressive and the most active independent agency of the Biden administration, especially in terms of fulfilling the president’s prounion agenda. The 53% increase in union election petitions over fiscal year (FY) 2021 is a direct result of the public support the Board has given to union organizing activity, support that has been reflected in the General Counsel’s (GC) memoranda and the Board’s formal rulings.
On November 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a proposal to substantially revise its scheduling letter and itemized listing. The scheduling letter is used to commence an OFCCP...
Even before the midterm elections and the prospect of divided government, the Biden administration began issuing new regulations in the employment sector. Joint employer The National Labor Relations Board (NLRB), which...
The period from an election until the new Congress is sworn in is known as the Lame Duck. During the Lame Duck, the party that lost the election rushes to pass bills and confirm nominees. This year, since the Democrats...
The midterm elections yielded stunningly unexpected results. The so-called “red wave” of Republican victories was more like a trickle. The House has a narrow Republican majority, but the party has deep philosophical splits, with newly empowered “moderates” seeking to limit the influence of the “MAGA-wing,” which they believe led the party to defeat in crucial races. In the Senate, where a sitting president did not lose a single Senatorial seat for the first time since 1934, a teetering Democratic majority feels like a landslide. What can employers expect?
The Texas Supreme Court recently upheld a mandatory arbitration clause contained in an employee handbook. The nine-year saga illustrates the risks of placing binding arbitration documents within nonbinding employment...
Ever heard of a “soft phone?” It allows phone calls to be received through a computer. There’s no additional hardware, other than the computer running the program, needed to accept a call. Call centers use this...
I know having a constitutional right to earn a living might sound like remote possibility, but a judge from the U.S. 5th Circuit Court of Appeals is raising the argument. Read on to get a sense of the reasoning and what...
Supervisors of a company are an essential HR resource. And, for the most part, well-trained supervisors do a good job. This is why it was good to see a lawsuit dismissed against a supervisor by a federal court in Dallas...
Want to keep what you and your lawyer talk about regarding workplace issues confidential? I thought so. The Texas Supreme Court will soon be deciding an important case to help you keep these conversations secret. While...
Hostile work environment claims often live and die on whether the alleged conduct is either severe or pervasive. To make that determination, courts look at the “totality of the circumstances,” even when the conduct is...
Dec 31, 2022 · Employment Law Letter
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Federal law prohibits discrimination against employees based on their race, including different treatment for similar conduct between similarly situated individuals. Are two employees who engaged in entirely different...
Dec 31, 2022 · Employment Law Letter
· Great Lakes
· Illinois
· Indiana
· Michigan
· Ohio
· Wisconsin
· Mid-Atlantic
· Delaware
· Maryland
· New Jersey
· Pennsylvania
· Virginia
· Midsouth
· Kentucky
· North Carolina
· South Carolina
· Tennessee
· West Virginia
· Midwest
· Arkansas
· Kansas
· Missouri
· Oklahoma
· Mountain West
· Colorado
· Idaho
· Montana
· New Mexico
· Utah
· Wyoming
· New England
· Connecticut
· Maine
· Massachusetts
· New Hampshire
· Rhode Island
· Vermont
· Southeast
· Alabama
· Florida
· Georgia
· Louisiana
· Mississippi
· Upper Midwest
· Iowa
· Minnesota
· Nebraska
· North Dakota
· South Dakota
· West
· Alaska
· Arizona
· Hawaii
· Nevada
· Oregon
· Washington
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