Monthly Archives: March 2023

Applies to:          All Employers with Employees subject to NLRA Effective:             February 21, 2023 Quick Look Severance agreements must be narrowly tailored not to interfere with employee NLRA rights. Merely offering a severance agreement with unauthorized language is itself a violation under the NLRA. Discussion In McLaren Macomb, the National Labor Relations Board (NLRB) reversed previous

Applies to:          All FLSA-Covered Employers Effective:             February 22, 2023 Quick Look Employees paid solely a day rate are not overtime exempt under the FLSA. Employers can bring day rate pay arrangements into compliance by following two methods provided by the U.S. Supreme Court. Discussion The U.S. Supreme Court recently said payment of a

Applies to:          All FMLA and FLSA Employers Effective:             February 9, 2023 Quick Look Remote workers receive the same meal, rest, and lactation period protections as other employees. Remote workers meet the 75-mile radius eligibility requirement under FMLA if they report to an office or receive assignments from a worksite with at least 50 employees in

Applies to:          All Employers Subject to the FMLA Effective:             February 9, 2023 Quick Look Employees may use intermittent FMLA to work a reduced number of hours per day (or week) for the duration of their leave entitlement. When both FMLA and ADA apply, the employee must receive the most beneficial protections. FMLA entitlement is 12

Applies to:          All Employers with 15+ Employees Effective:             January 24, 2023 Quick Look The ADA covers disabilities involving those with hearing conditions. The EEOC updated its technical assistance document to provide additional guidance on hearing conditions and employer responsibilities in an FAQ format. The technical assistance document also includes examples of reasonable accommodations

Applies to:          All FMLA Employers with KY, MI, OH, and TN Employees Effective:             January 25, 2023 Quick Look Employees requesting leave that may be covered under the FMLA are protected for exercising a leave request even if they are not eligible for FMLA leave. Employers, not employees, are responsible for gathering the information

Applies to:          All Employers with WI Employees Effective:             January 31, 2023 Quick Look If an employer provides a bona fide meal period, any unworked portion of the meal period is unpaid, even if the employee voluntarily shortens the meal period to under 30 minutes. Discussion In Wirth v. RLJ Dental, the Third Circuit Court of

Applies to:          All Employers with CA Employees Effective:             February 15, 2023 Quick Look The Ninth Circuit Court of Appeals ruled the Federal Arbitration Act preempted AB 51 which frees California employers to use mandatory arbitration agreements, absent further appeals. Discussion In Chamber of Commerce v. Bonta, the Ninth Circuit Court of Appeals, on

Applies to:          All Employers subject to NLRA Effective:             January 17, 2023 Quick Look NLRB 2019 final rule on union elections is currently stayed and previous regulations are reinstated. Four provisions of the 2019 rule were invalidated on procedural and substantive grounds; although two provisions remained, they are not being implemented pending current litigation and the

Applies to:          All Employers Subject to the CPRA with CA Employees Effective:             January 1, 2023 Quick Look Provisions of CPRA require a business’ workforce personal information to fall under the same protections and consumer rights requirements as those of the business’ consumers. The final regulations implementing the CPRA are now before the Office