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The Modern Workplace

Posted in Labor & Unions

For decades, the National Labor Relations Board (“NLRB”) has found that secret ballot elections are the best method for determining whether workers want to be represented by a union. A recent memo from the NLRB General Counsel, however, makes it clear that the current Board is intent on making it much easier for unions to win the right to representation without a vote of the employees. The memo, GC 24-01 (issued November 2), explains the Board’s approach following this summer’s decision in the case of Cemex Construction Materials Pacific and International Brotherhood of ...

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As you likely know, the EEO-1 Report is a mandatory annual data collection which requires all private employers with 100 or more employees and all federal contractors (and their applicable subcontractors) with 50 or more employees to submit workforce demographic data, by job category and by sex and race to the Equal Employment Opportunity Commission (EEOC).

For the year 2022, the deadline for the filing of the EEO-1 Report is DECEMBER 5, 2023. The 2022 EEO-1 Report is based upon the filing employer’s workforce for a single pay period during the time frame of October 1, 2022 to December ...

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Posted in Discrimination

On Friday, September 29, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) posted for public inspection its proposed “Enforcement Guidance on Harassment in the Workplace.”  The EEOC previously released proposed guidance on workplace harassment for public comment back in 2017, but the guidance was not finalized.  The updated proposed guidance posted last week reflects recent changes in the law and recent trends, including:

  • The U.S. Supreme Court’s decision in Bostock v. Clayton County, in which the Court held that Title VII prohibits employment ...
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On August 30, 2023, the U.S. Department of Labor (“DOL”) announced a proposed rule intended to “restore and extend overtime protections to 3.6 million salaried employees.” If finalized, the proposed rule would raise the salary levels that must be paid to certain employees for them to be exempt from overtime pay requirements under the federal Fair Labor Standards Act (“FLSA”). The full Lathrop GPM Client Alert on the subject can be found here.

Specifics of Proposed Rule

The proposed rule, if finalized, would raise the guaranteed weekly salary that must be paid to “white ...

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The answer after the Stericycle ruling is likely “both.” 

As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private, non-profit, non-union or union and beyond – to draft and implement compliant policies, reduce risk, conduct or oversee investigations, and more. The result of this swing will likely be more confusion for all employees – union or not – as to whether common policies actually comply with the law, and more litigation involving employees who are disciplined for ...

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Posted in Discrimination

The Equal Employment Opportunity Commission (“EEOC”) has released its enforcement and litigation statistics for FY2022. In summary, the EEOC’s data shows that there were 73,485 charges of discrimination filed in FY2022, which represents 12,154 more charges than were filed in FY2021. Of those charges, retaliation continues to be the most frequently cited claim -- accounting for 51.6 percent of all charges filed in FY2022. Race, color and sex discrimination claims increased marginally while religious discrimination claims more than sextupled from the prior fiscal ...

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As we have previously reported, the most recent Minnesota legislative session resulted in a number of new laws that affect employers with Minnesota-based employees. We have issued client alerts about Minnesota’s new law banning noncompete agreements, as well as new and/or expanded laws regarding earned sick and safe time, paid family and medical leave, parental leave, pregnancy accommodation, lactating employees, and recreational adult-use marijuana. But the Minnesota Legislature did not stop there. Additional developments - including an amendment to Minnesota’s ...

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In a memorandum released on May 30, 2023, the National Labor Relations Board (“NRLB”) General Counsel opined that noncompete agreements may violate the federal National Labor Relations Act (“NLRA”). In doing so, the General Counsel joins the Federal Trade Commission and a growing number of states in attacking the ability of employers to use these agreements. 

Section 7 of the NLRA Act protects, among other things, the right of non-management employees to organize and to act together to improve working conditions. The NLRB General Counsel takes the position that noncompete ...

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Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex and national origin, requires employers with 15 or more employees to accommodate the sincerely held religious beliefs and practices of applicants and employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” 42 U.S.C. §2000e(j). On Thursday, June 29, 2023, the U.S. Supreme Court issued an opinion that clarified what “undue hardship” means in the Title VII religious accommodation context, raising the bar ...

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For federal government contractors and their applicable subcontractors, your OFCCP Portal registration/certification deadline is now here for 2023 affirmative action plans (AAPs) – it is Thursday, June 29, 2023! The OFCCP has not extended this deadline as of yet and has indicated that, unlike last year, it most likely will not do so this year – so be alert. Previous updates on OFCCP compliance: January 26, 2023; June 24, 2022; January 28, 2022

Regarding the submission of the EEO-1 Report, an annual obligation of federal contractors and their applicable subcontractors, the EEOC ...

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