The U.S. Senate joined the House of Representatives and passed H.R. 4445. This Act will give the claimant the ability to void any agreement requiring the arbitration of sexual harassment and sexual assault claims. The Act also voids any agreement containing a class action waiver of these types of claims. 

Continue reading “Congress Passes Ban on Arbitration Clauses for Sex Harassment and Sex Assault Claims – Bill Goes to Biden for Signature” →

A federal court in Ohio recently denied summary judgment to an employer who refused to hire an applicant for a forklift driving position who used prescription opioid medication. The court determined that there were fact issues regarding whether the employer properly engaged in the interactive process and whether the applicant’s opioid use rendered him unsafe to perform the job.

Continue reading “Recent Federal Court Ruling on ADA Claim Emphasizes Importance of Engaging In and Documenting the Interactive Process” →

The U.S. Department of Labor Wage and Hour Division and the National Labor Relations Board recently entered into a Memorandum of Understanding that does not bode well for employers. Under this Memorandum, the DOL and NLRB will share with each other any information and data that they discover during an investigation that they believe may show a violation of a law enforced by the other entity. For example, if an employee tells a DOL investigator that the employer’s “publicity policy” forbids employees from speaking ill of the employer on social media, the DOL investigator will refer the information to the NLRB for investigation as potential a Section 7 violation. 

The Memorandum goes even further: it also provides that when one agency “has reason to believe that there may be unlawful conduct that falls within the jurisdiction of the [other agency],” it will “advise the complainant/employee(s) that an opportunity may exist to file a charge with the [other agency].” 

So, not only will one agency tell the other that it needs to investigate you, but it will also tell the complainant that he should file another charge against you.

To better enforce this commitment, the DOL recently announced that it is hiring over 100 new investigators. 

This is all a part of President Biden’s stated pro-labor/pro-union mandate. If you are not sure if your policies and practices are in compliance with the NLRA and the FLSA, now is the time to make sure that they are and to implement any needed changes. Don’t wait until the DOL or NLRB are knocking on your door.

As always, don’t hesitate to call me directly if you have any questions or need assistance. 

Although OSHA’s COVID ETS does not specifically require employers to pay for the cost of weekly COVID tests, it does recognize that state or local laws may require an employer to do so. In all likelihood, Louisiana law does just that.

Continue reading “Think Twice Before Requiring Your Employees to Pay for Their Own Covid Tests” →

The halcyon days of a pro-business Department of Labor are truly gone. In the past year, the DOL has withdrawn many Opinion Letters favorable to business; rescinded the Trump-Era joint employer rule and terminated a program that allowed employers to self-report FLSA violations in exchange for avoiding penalties. Now, the DOL has announced that it is hiring one hundred additional wage and hour investigators who will be specifically tasked to identify overtime and classification errors by employers.

Continue reading “The Department of Labor Is Coming After Us All” →