As has been widely reported, including in our February E-Update, the National Labor Relations Board recently asserted that severance agreements may not contain general non-disparagement or confidentiality/non-disclosure clauses, based on its premise that such clauses violate the rights of employees under Section 7 of the National Labor Relations Act to engage in concerted activity for their mutual aid or protection (i.e. “protected concerted activity”). This ruling was troubling for unionized and non-union employers alike. General Counsel Jennifer Abruzzo has now issued a memo expressing her views regarding the practical impact of this ruling.
HR Compliance
A Revised Updated Employer’s Guide to March Madness
By Evan Conder & Fiona W. Ong on
In repurposing an always-popular topic (and, as we have done with last year’s March Madness tournament) we offer employers some guidance on March Madness at work, this time with some improvements and updates on gambling and productivity, and a brand new drug and alcohol section. …
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Can You Force Employees to Repay Wages?
By Fiona W. Ong on
Posted in Arbitration, Contracts, HR Compliance, Laws & Regulations, Litigation, Wage & Hour, Workplace Trends
There have been a couple of interesting situations in the news recently involving employees who have been ordered by a court to repay wages to their employers. One involved a Canadian employee who submitted fraudulent timesheets. Another involves law firm associates who failed to meet their billable hours requirement. And a third involves police officers in a New York town who swiped time clocks for each other to falsely claim time worked. These cases provide some insights for employers – good and bad.
The DOL Issues Guidance on Telework
By Maya Foster on
On February 9, 2023, the U.S. Department of Labor issued guidance on how to comply with the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) as to teleworking employees. Although intended for DOL staff, the Field Assistance Bulletin (FAB) provides employers with insight into the DOL’s position on issues arising under these two laws, including: (1) compensation under the FLSA, (2) protections under the FLSA that provide reasonable break time for nursing employees, and (3) eligibility rules for teleworking employees under the FMLA.
An Employer’s Guide to the Super Bowl
Well, Super Bowl Sunday is almost here. Unlike March Madness or the World Cup, which extends over weeks, it’s a single event. However, there’s a high level of interest in the game – last year, the NFL estimated that approximately two-thirds (!!!) of the U.S. population watched the Rams defeat the Bengals in Super Bowl LVI. (And those of us on the East Coast stayed up late to do so). So, we can still expect the Super Bowl to have an impact in the workplace. And as we did for March Madness and the World Cup, we offer employers a little guidance on the Super Bowl at work.
Maternity Leave ≠ Sitting on Your Ass: Part II
As a follow up to Fiona Ong’s blog post detailing the highly disturbing (but sadly not surprising) treatment[1] of an associate who interviewed for and accepted a new position while on parental leave, this blog post focuses on how employers can best support their employees who have taken parental leave—both those who have given birth and those who take caregiving leave and are adjusting to new responsibilities as a parent. As an employment lawyer and mom who returned to full-time work after having three children, here are some tips to support your new parents in the workplace.…
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Maternity Leave ≠ Sitting on Your Ass
So some of you may have seen the recent uproar over a senior (labor and employment) attorney’s text message to an associate who found another job while she was on maternity leave. Many, including me, found the text to be wildly offensive and inappropriate. And because I’m a nerd, I also found a lot of lessons for employers.…
Firing Employees to Increase Diversity Is Perhaps Not the Best Plan…
By Fiona W. Ong on
So I know that many companies are (appropriately!) focused on Diversity, Equity & Inclusion (DEI) efforts. Some may be frustrated at the slow pace of change, and may wish to pursue those goals more aggressively – but that (ironically) can result in violations of anti-discrimination laws, as I discussed in a prior blog post, Hey CEOs – Be Careful About Diversity Hiring Quotas. A recent case provides another example of when trying too hard to fix one problem can create new ones.…
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Where Have All the Charges Gone?[1]
By Lindsey A. White on
Five years after the #MeToo movement took shape, we are seeing an interesting trend in the Equal Employment Opportunity Commission (EEOC) charge data: the number of Charges of Discrimination (charges) filed since fiscal year (FY) 2016 are down—significantly. There were 30,000 fewer charges in FY 2021 than in FY 2016. While I expected to see a drop in charges correlating to the pandemic and rise in remote work, it was somewhat surprising to see the trend of declining charges actually began much earlier.…
NLRB Reaffirms Safeguards for Questioning Employees in Preparation for NLRB Proceedings
By Chad M. Horton on
On Thursday, the National Labor Relations Board (NLRB or the Board) reaffirmed its Johnnie’s Poultry standard for analyzing an employer’s questioning of employees in preparation for NLRB proceedings. Employers must provide a list of assurances to employees and the failure to recite even one of the assurances shall render such questioning per se (or automatically) unlawful.
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