The National Labor Relations Board ruled that prohibiting BLM insignia at work was unlawful. The display was considered protected concerted activity, stemming from complaints about race discrimination. No automatic protection for BLM display at work.
Employment Law—Stay in the Know!
In May 2023, significant legal developments included National Labor Relations Board decisions, Supreme Court arguments, and state marijuana laws.
Weeding Out: Marijuana as Doping for Student-Athlete Employees
March Madness 2025 introduces student-athlete employees facing new marijuana testing policies, posing legal and procedural challenges for colleges and the NCAA.
Weeding Out: Budding Legislation – Status of House Bill 24
Louisiana's 2023 legislative session brought hope for cannabis enthusiasts, but House Bill 24 failed, impacting marijuana regulation.
Supreme Court to Rule on Workplace Religious Accommodation Requests
The U.S. Supreme Court is considering the Groff v. DeJoy case, which could impact employers' handling of religious accommodations. Employers should review their policies accordingly.
EEOC Sues New York Pizzeria for Harassing and Driving Out a Transgender Employee
The EEOC's 2023-2027 plan includes protection for LGBTQIA+ workers. They recently filed a lawsuit against a pizzeria for gender identity harassment.
DOL’s Crackdown on Child Labor Violations
The Department of Labor has issued a new initiative to aggressively enforce child labor laws, targeting companies and industries hiring minors. Compliance is crucial due to potential severe penalties.
Harassment Redefined: EEOC’s Progressive Approach to Workplace Harassment
In 2022, union organizing surged as employees at major companies unionized. Employers of unionized workplaces need to navigate drug testing policies carefully.
U.S. Third Circuit Court Says Paid Time Off is NOT Part of an Employee’s Salary Under the Fair Labor Standards Act
The Third Circuit ruled that deducting PTO for failing to meet productivity goals does not violate the FLSA, as PTO is considered a fringe benefit.
Time is Money: Facing Wage and Hour Issues — DOL’s Clarification of Remote Worker Wage and Hour Rules
On February 9, 2023, the Department of Labor clarified compensable time for nonexempt remote workers. It includes active work, waiting, and breaks. Remote workers impact FMLA employee thresholds and pose administrative challenges. Employers must establish clear policies.
BSW Labor and Employment Law Blog 