Workplace Rules

The National Labor Relations Board (NLRB or the Board) recently issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a microunit (i.e., a small, discrete subset of employees at a larger worksite) is appropriate and reinstated the Obama-era standard which held that petitioned-for units would be found appropriate unless there was an “overwhelming” community of interest between the petitioned-for unit and excluded employees. Listen to learn more about what this change in the law means for employers and what they can do to combat the new challenges they may face in the workplace.

The U.S. Supreme Court held oral arguments in two landmark cases, Students for Fair Admissions, Inc. v. President and Fellows of Harvard and Students for Fair Admissions, Inc. v. University of North Carolina, arising out of the affirmative action policies of two elite university systems, Harvard University and the University of North Carolina (UNC). While these two interrelated cases focus explicitly on university admissions, employers have also been watching these matters closely, wondering whether the outcome of these cases will affect current company policies and practices, especially those focused on diversity, equity, and inclusion (DEI). Listen for insights on how employers should be thinking of these issues.

Seattle’s new Independent Contractor Protections Ordinance (the Ordinance) requires certain hiring entities to provide independent contractors with disclosures both before entering a contract and at the time of payment. These disclosures include three different kinds of notices: a notice of rights, a pre-work written notice, and a notice of specific payment information. Listen to learn more about the new requirements for employers and the independent contractors they work with.

Washington's Equal Pay and Opportunity Act (EPOA) amendments require most employers who engage in business in Washington state to include pay ranges and benefits information in their job postings. Unlike some other jurisdictions’ pay disclosure laws, which are enforced by state agencies rather than by private lawsuits, the EPOA allows applicants to sue for damages, penalties, and attorneys’ fees. Listen to learn more about these amendments and the recently released administrative guidance, published by The Washington Department of Labor and Industries.

What is it like to be the head lawyer in an industry that was, until recently, largely illegal? In the flourishing cannabis industry, employers must continuously readjust their policies and procedures to meet evolving standards for cannabis use and regulation by federal, state, and local legislatures. Partner Mike O’Brien is joined by Jane Wright-Mitchell, principal and general counsel at Lecar Consulting, to discuss how to navigate the workplace cannabis landscape.

Legal, political, and social movements have pushed pay equity to the top of many organizations’ priorities. Activist shareholder proposals, changes in state laws, Biden administration efforts, and calls from employees regarding greater transparency have spurred employers to find out where they stand. In this episode of Workplace Rules, Senior Counsel Chris Wilkinson, who previously served as associate solicitor for civil rights and labor management at the U.S. Department of Labor (DOL), is joined by Cary Elliott, director at Resolution Economics, and Tammy Dowley-Blackman, CEO of Tammy Dowley-Backman Group, LLC to discuss the latest on pay equity topics

Employers across the country are scratching their heads, wondering why the labor market remains painfully tight, and talented employees are looking elsewhere for work. Is this temporary or a permanent shift in the employment landscape? To find out, Workplace Rules interviews Julian Sarafian, an attorney with a sterling pedigree who has become a spokesperson for a wave of disaffected millennial employees who, like a generation of Bartleby, The Scriveners, have turned their back on the modern workplace. A podcaster, social media influencer, and mental health champion, Julian provides an in-depth look at why this generation of employees has taken their grandparent’s advice to tune in, turn on, and drop out.

Our country has entered a new era, in which disabilities are increasingly viewed as superpowers and informed employers recognize them as the keys to unlocking employee performance. But obstacles remain, especially at the intersection of race, poverty, and disability. Join Andy Imparato, executive director of Disability Rights California, and Janice Ta, senior counsel at Perkins Coie, as they discuss their own disability journeys and provide a look toward the future of disability law in the United States.

Will the Biden administration be Obama 2.0 for employers, or could we see a more progressive agenda? Will the independent contractor rule be applied more broadly to the gig economy? How will Biden’s Department of Labor (DOL) regulate a post-COVID-19 workplace? What is the future of diversity and inclusion training for federal contractors? Join Perkins Coie Senior Counsel Christopher Wilkinson for a discussion of what it takes to actually get things done in D.C., based on experience gained as the associate solicitor for civil rights and labor management for the U.S. Department of Labor during the Obama administration.

We live in a world where artificial intelligence (AI) is becoming omnipresent. How do we build AI that doesn’t simply replicate our biases and further perpetuate discrimination in hiring? Bill Duane, a tech leader, former Superintendent of Well Being and Sustainable Performance Development Programs at Google, and practicing Buddhist, serves as Strategy and Implementation Lead with the Center for the Study of Apparent Selves (CSAS). CSAS explores how Buddhist concepts hold the promise of addressing key AI issues, such as moral decisions, unexpected consequences, human flourishing, and comparing human and machine intelligence. Join Bill and Senior Counsel Michael O’Brien for a discussion of what AI is and how it can amplify the best of a company’s values.