The National Labor Relations Board (NLRB or Board) made the inevitable official when it recently held that employee attendance at employer-mandated meetings where employers express their views on potential unionization– often referred to as “captive-audience meetings” – violate the National Labor Relations Act. The decision overturns a 1948 Board decision and renders unlawful conduct that
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FEDERAL COURT VACATES DOL’S OVERTIME RULE
On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor regulation increasing the salary amount required to qualify an employee for exempt status as an executive, administrative or professional (“EAP”) employee under the Fair Labor Standards Act (the so-called “EAP Exemption”). This means that the salary
NLRB GC to Seek Broad Remedies for Non-Compete and Stay-or-Pay Provisions – Part II
As we noted in Part I of this special two-part blog, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued an important policy memorandum last month. In GC Memorandum 25-01, Abruzzo attacked as unlawful both “stay-or-pay” provisions (where workers agree to repay their employer for certain benefits if the employee prematurely leaves employment) and
Sick Leave for Pets?
Over the years, I’ve mentioned my adorable dog many times in connection with blog posts on employment-related topics like pet bereavement leave, paw-ternity leave (i.e. pet parental leave), and Take Your Dog to Work Day. (And here he is, dressed up for Halloween – as sushi!) In addition, I’ve blogged several times about
Maryland’s Proposed FAMLI Regulations Are Finally Here – What Do They Say?
On October 18, 2024, the Maryland Department of Labor (MDOL) finally issued its proposed regulations to implement Maryland’s paid family and medical leave insurance (FAMLI) law. Applicable to all employers with Maryland employees and starting July 1, 2026, the FAMLI law will provide most employees in Maryland with 12 weeks of paid family and medical
US Department of Labor Reissues and Expands on Its AI Guidance for Employers
On October 16, 2024, the U.S. Department of Labor (“DOL”) released an updated Artificial Intelligence (“AI”) resource for employers, as well as developers, to assist them in avoiding potential harms to workers due to the use of AI and other technology. The document details practices and principles that employers may use to avoid concerns that
NLRB GC to Seek Broad Remedies for Non-Compete and Stay-or-Pay Provisions – Part I
National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued an important policy memorandum this week. In GC Memorandum 25-01, Abruzzo asserts that most “stay-or-pay” provisions, where workers agree to repay their employer for certain benefits if the employee prematurely leaves employment, should be found unlawful unless narrowly tailored. The memo also sets forth
The Perjurer Pays the Piper
A former in-house attorney for Lockheed Martin not only had her retaliation claims dismissed, but found herself on the hook for over $90,000 of Lockheed Martin’s attorneys’ fees after lying about her subsequent employment under oath.
EEOC Sues FedEx Over “Fully Healed” Return-to-Work Requirement
Today, I want to send an overnight letter to FedEx Corp. In that letter, I would suggest that paying attention to the competition (that is, UPS) often makes business sense and can save a company money.
Because, if FedEx had paid attention, it might have avoided a lawsuit filed against it by the
Maryland DOL Releases Updated FAQs on Paid Family and Medical Leave
As we await the proposed regulations to implement the forthcoming paid family and medical leave insurance (FAMLI) program in Maryland, the state Department of Labor previously issued resources for employers, including FAQs, to assist them in preparing for compliance, as we discussed in our May 2024 E-Update. And now the MDOL has updated and