Workplace Rules

Employees alleging racism in the workplace received favorable guidance from the National Labor Relations Board (NLRB) in a recent general counsel memorandum. The NLRB’s Office of the General Counsel (the general counsel) released a previously confidential advice memorandum setting forth its position that workplace discussions about racial discrimination are protected as concerted activity under Section 7 of the National Labor Relations Act (NLRA) and, therefore, employees who engage in such discussions are protected from employer retaliation under the NLRA. The NLRB’s position applies not only to union organizing activity but also to a broad range of activities that frequently occur in the workplace. Listen to learn more about the general counsel’s memo, examples from the case, and facts that led to this memo.

This spring, the Office of Federal Contract Compliance Programs (OFCCP) published its final order rescinding the Trump-era Religious Exemption Rule for federal contractors. This recession, which went into effect on March 31, 2023, has made it easier for religiously affiliated federal contractors and subcontractors to make employment decisions based on religion.

Listen in to learn more about how this recession affects covered contractors. In this episode, we will also discuss the recent departure of the OFCCP’s director and what that could mean for the agency.

Illinois Governor Jay Pritzker signed into law the Paid Leave for All Workers Act (PLFAW) on March 13, 2023, which guarantees all Illinois workers at least 40 hours of paid leave (or a pro rata amount, depending on the number of hours worked) in a 12-month period starting January 1, 2024. Employees may use the leave for any reason and are not required to provide the employer with the reason for leave, documentation, or certification as proof in support of the leave. Listen to learn more about this law, who is excluded, and other logistical requirements that employers should consider to ensure that they are complying with the new developments in the law.

California’s enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. Listen to learn more about the background of the law, the new pay data reporting requirements, and what steps employers with California employees may want to take to ensure that they are complying with the new developments in the law.

Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned more than $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate did not satisfy the “salary basis test,” which is required for an employee to be exempt from overtime compensation. Listen to learn more about the Helix Energy Solutions Group v. Hewitt case and how employers can comply with the FLSA moving forward.

In February 2023, the National Labor Relations Board (NLRB) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions violate the National Labor Relations Act (NLRA). Although often overlooked, the NLRA’s protections apply to most private sector union and nonunion workforces alike. Since the NLRB’s ruling, employers have scrambled to understand the impact of the decision on severance agreements, offer letters, and proprietary information and inventions agreements, among others. Listen to learn more about what the decision means, who is affected, and what steps employers may want to take to ensure that they are complying with the new developments in the law.

Perkins Coie published the fourth edition of Labor Law Today—Year in Review, offering a summary of the past year’s most noteworthy and influential developments in traditional labor law. It was anticipated that the aggressive employee-friendly actions from the National Labor Relations Board (NLRB) and the general counsel that we saw in 2022 would continue into 2023. So far, that has been the case along with many more new developments. Listen to learn more about these developments, the surprises that we've seen already seen, and a glimpse into what the future of labor law may hold.

U.S. President Joe Biden signed the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) into law on December 29, 2022. This combined legislation aims to bridge the gap in federal legal protections for employees who are affected by pregnancy or related conditions or who are breastfeeding. Listen to learn more about the requirements for employers under the PWFA and PUMP Act.

Illinois employers will face a host of new requirements in 2023, including the CROWN Act, the Family Bereavement Leave Act (FBLA), the One Day Rest in Seven Act Amendment (ODRISA), an Illinois Equal Pay Act (IEPA) update, and Enhanced Chicago Sexual Harassment training. Listen to this episode to learn more about the updated labor and employment landscape in Illinois.

The Federal Trade Commission (FTC) recently announced its proposal of a new rule that would ban employers from imposing noncompete agreements on their workers and invalidate existing noncompetes currently in effect. The FTC stated the rule would affect 30 million, or one in five, American workers currently covered by a noncompete agreement. Listen to this episode to learn more about the proposed rule and what actions employers can take, both now and after the final rule is potentially published.