Workplace Rules

A recent National Labor Relations Board (NLRB or the Board) decision reverts to an Obama-era standard used to determine a worker’s status as an employee or an independent contractor under the National Labor Relations Act (NLRA or the Act). This is important, as employees have rights under the NLRA, while independent contractors do not.

In this episode, Jill and Alex discuss the decision, events that led up to it, and how it may affect employers.

The U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2023-2 to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), passed in 2022. Now in effect in all states, the PUMP Act expands the Fair Labor Standards Act’s (FLSA) workplace protections for all employees, not just nonexempt workers, who need to express breast milk.

In this episode, Heather and Emily discuss the new guidance and how the DOL interprets and may enforce the PUMP Act, including available remedies for violation of any provision of the Act.

A new law recently went into effect in the State of Texas called the Texas CROWN Act, which prohibits employers, labor unions, and employment agencies from discriminating against Texas employees because of hairstyles associated with race. Listen to learn more about who the Texas CROWN Act protects, how it has changed anti-discrimination laws that existed before it was passed, and how it will affect employers in the state of Texas moving forward.

A recent decision made by the National Labor Relations Board (NLRB or the Board) reinstated setting-specific standards to determine whether employers have violated the National Labor Relations Act (NLRA or the Act) by disciplining employees for engaging in “abusive conduct” when that behavior occurred in connection with activities protected by Section 7 of the Act. Listen to learn about the decision and how it may affect employers’ abilities to discipline employees in the future.

The National Labor Relations Board (NLRB or the Board) General Counsel Jennifer A. Abruzzo recently issued a memorandum, opining that noncompete agreements contained in employment agreements and severance agreements violate the National Labor Relations Act (NLRA) except in limited circumstances. Listen to learn about the General Counsel’s rationale for concluding that noncompetes violate the NLRA, who this affects, and how it may impact employers.

Employers are increasingly utilizing artificial intelligence (AI) tools supplied by third-party vendors. Recently, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers are generally liable for the outcomes of using selection tools to make employment decisions. Listen to learn about the EEOC’s new technical guidance titled, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” and how the EEOC understands Title VII to apply to the use of algorithmic decision-making tools in employment decisions.

The Washington Employment Security Department (ESD) recently adopted new rules for the state’s Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage requirements. The new rules went into effect on July 1, 2023. Listen to learn more about these new rules and what steps employers may want to consider taking to ensure they are complying with the new requirements.

The exemption for employment-related and business-to-business (B2B) data under California’s privacy law expired on January 1, 2023. Without this exemption, information previously allowed to be excluded now falls within the scope of California’s extensive privacy requirements, including notice and transparency, data minimization, and data subject rights requests. Listen for an overview of the now-expired exemptions and next steps on the new requirements that pertain to employment and B2B data.

The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144. This landmark law prohibits employers from using automated employment decision tools (AEDTs) to evaluate job candidates or employees when making employment decisions, unless certain bias audit and notice requirements are met. Enforcement of the law will begin on July 5, 2023. Listen to learn more about the final rules, who is covered by the law, which technology is implicated in the law, the law's notice and bias audit requirements, and steps employers should take to comply.

New York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL). The law, which Governor Hochul first signed on December 21, 2022, requires employers to list compensation ranges for certain job, promotion, or transfer opportunities. The amendment clarifies some aspects of the original law, which is scheduled to go into effect on September 17, 2023. With the passage of this law, New York state joins a list of other jurisdictions, including New York City, that have recently enacted pay transparency laws. Listen to learn more about the NYSPTL, recent amendments related to this law, and answers to some of the compliance questions that may be affecting employers.