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.
Category: Labor and Employment Law
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.
Time is Money: Facing Wage and Hour Issues—Misclassifying Independent Contractors: Are You My Employee?
The law firm is urging ExxonMobil employees to join a lawsuit about misclassified independent contractors. Federal agencies are cracking down.
Weeding Out: Drug Testing Woes
With marijuana's legal acceptance, workplace drug testing faces complexities. Consider local laws, industry regulations, safety, discrimination, and labor market impact when revising policies. Legal counsel can provide valuable guidance.
NLRB — Employer Surveillance During Remote Work May Violate Employee Rights
The NLRB warns that increased employer surveillance during remote work may violate employees' rights, requiring careful review and disclosure.
New-ish Test for Worker Classification under the FLSA
The US Department of Labor proposed new rules for determining worker status, focusing on economic realities and six key factors.
BSW Labor and Employment Law Blog 