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Employment Law

NLRB expands criteria for determining what counts as ‘protected concerted activity’

09/11/2023
A new National Labor Relations Board ruling has loosened the criteria for determining if worker activities are protected by Section 7 of the National Labor Relations Act. That part of the law guarantees employees the right to engage in “protected concerted activities” aimed at collectively improving working conditions.

Public comments on proposed OT rule accepted until Nov. 7

09/11/2023
The Department of Labor’s proposed rule raising the white-collar overtime salary threshold was published in the Federal Register on Sept. 8.

Brace for more lawsuits claiming violations of employees’ religious rights

09/11/2023
EEOC complaints based on religious accommodations had already increased substantially over the last two fiscal years. In 2021, there were 2,111 religious-discrimination charges. By the end of fiscal year 2022, that number had jumped to 13,814. That number may increase yet again in the wake of the Supreme Court’s recent decisions.

NYC ban on height, weight bias may catch on

09/11/2023
The law goes into effect Nov. 22. It makes it illegal for New York City employers to discriminate based on an applicant’s or employee’s height or weight. Employers must also protect employees from height and weight harassment.

When it’s OK to pile on work following FMLA leave

09/08/2023
When employees take FMLA leave, they have the right to return to the same or an equivalent position. “Equivalent” means the job has the same pay, benefits and working conditions as before. But jobs often evolve, even when the jobholder is off on FMLA leave. And sometimes, that means an employee will return to a job that’s somewhat different.

EEOC harassment lawsuits target Las Vegas restaurants

09/05/2023
The four lawsuits included allegations raised by workers throughout the hospitality industry, from housekeepers in hotels to waitstaff in both high-end and casual restaurants and bars. Allegations included the attempted rape of a young housekeeper, sexual assault, sexual solicitations, sexual comments, inappropriate touching, stalking and other inappropriate behaviors.

DOL rule would raise OT salary threshold to $55,068

08/31/2023
The Biden administration on Aug. 30 proposed a new rule increasing the white-collar overtime salary threshold to $55,068, a 55% increase over the current threshold of $35,568. Practical impact: Exempt administrative, executive and professional employees who earn less than $55,068 per year ($1,059 per week) must receive overtime pay if they work more than 40 hours in a workweek.

Insist that clients honor your anti-discrimination and anti-harassment commitment

08/31/2023
Of course the EEOC keeps an eye out for cases of discrimination and harassment committed by co-workers and supervisors. But did you know it also investigates—and files lawsuits—when employees allege discrimination and harassment perpetrated by customers and clients?

EEOC’s new strategic plan targets discrimination

08/28/2023
The EEOC on Aug. 22 approved a new strategic plan for fiscal years 2022–2026 that focuses on preventing employment discrimination through targeted enforcement while advancing equal employment opportunities with education and outreach.

Accused of religious bias? Brace for years of litigation

08/25/2023
Expect more requests for religious accommodations and more objections to performing some tasks. That kind of employee pushback—aided by well-financed nonprofit groups willing to litigate their cases—is already yielding more EEOC religious-discrimination complaints and federal lawsuits.