Blogs

Employment Law

EEOC Proposes New Regulations for Pregnant Workers Fairness Act

On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued proposed regulations to implement the federal Pregnant Workers Fairness Act (PWFA). The proposed regulations will remain open for public comment through October 10, 2023. What is the PWFA? The PWFA became law on June 27, 2023. It requires covered employers (those with fifteen…

August 15, 2023

Employment Law

NLRB Adopts Employee-Friendly Standard for Evaluating Workplace Rules

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating when employer workplace rules will be found to have a “reasonable tendency” to discourage employees from exercising their right under Section 7 of the National Labor Relations Act (NLRA) to form, join, or assist with labor organizations, to bargain…

August 8, 2023

Employment Law

Unraveling the Legal Labyrinth of Workplace Retaliation Claims

Unlawful retaliation in the workplace, whether under Title VII of the Civil Rights Act, or under state civil rights or whistleblower protections, is a pivotal situation – the EEOC received more than 28,000 retaliation complaints in 2022 – and involves complex areas of employment law, requiring a nuanced understanding for employers to effectively navigate the…

July 10, 2023

Employment Law

Will Liability Waivers Bar the Families of the Titan Expedition Victims from Recovering Damages?

You likely know the story by now. What started as an intrepid expedition to take a close-up look at the wreck of the Titanic using an experimental submersible vehicle named Titan to descend 12,500 feet below the surface of the north Atlantic Ocean, ended with the subsequent discovery of the Titan in pieces scattered on…

July 5, 2023

Employment Law

Employee Noncompetes Violate Federal Labor Law, According to NLRB General Counsel

In a shot across the bow to U.S. businesses, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo recently issued a memo to all NLRB Regional Directors, Officers-in-Charge, and Resident officers making clear her view that “the proffer, maintenance, and enforcement” of non-compete provisions in employment agreements violate the National Labor Relations Act (NLRA),…

June 27, 2023

Employment Law

NLRB Ditches Trump-Era Independent Contractor Test – Reverts to 2014 Obama Standard

In The Atlanta Opera, 372 NLRB 95 (2023), a decision that may have particular significance for gig-economy businesses relying extensively on independent contractors, such as DoorDash and Lyft, the National Labor Relations Board (Board) got rid of its Trump-era independent contractor test under the National Labor Relations Act (NLRA) that had focused special significance on…

June 21, 2023

Employment Law

Holidays and Calculating FMLA Leave

The Family and Medical Leave Act (FMLA) has been around for about 30 years. It is straightforward in its purpose: to provide eligible employees with unpaid leave to bond with a newborn, newly adopted, or newly placed child, care for a seriously ill child, spouse, or parent, or to care for their own serious health…

June 1, 2023

Employment Law

Remote Work Revolution: Legal Challenges and Telecommuting

The so-called “remote work revolution” has transformed the way we work, with telecommuting becoming the new norm for many businesses in Virginia. As employers and employees adapt to this change, it is essential to understand the employment law challenges that come with remote work. In this blog, we will explore the legal implications of…

May 15, 2023

Employment Law

Elon Musk’s “What Not to Do” Moments – Part 4: Racial Discrimination by Supervisors Should Never be Tolerated!

Recently, in Elon Musk’s “what not to do moments,” Part 3, I blogged about a series of tweets by Musk back in May 2018, that an administrative law judge of the National Labor Relations Board (NLRB) concluded had created an “unlawful threat” under the National Labor Relations Act (NLRA) because Tesla employees could reasonably have…

April 11, 2023

Employment Law

Elon Musk’s “What Not to Do” Moments – Part 3: Just Say No to Twitter!

Elon Musk has become a treasure trove of “what not to do moments” on Twitter for U.S. employers. Recently I blogged about Musk’s twitter exchange dust up with Haraldur Thorleifsson, a disabled Twitter employee, with Musk appearing to question whether Thorleifsson was disabled and to criticize his work ethic. Musk subsequently apologized to Thorleifsson, claiming…

April 6, 2023