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Employment Law

PUMP Act becomes effective April 28

04/10/2023
The PUMP Act, enacted as part of the Consolidated Appropriations Act, 2023, extends FLSA-protected unpaid lactation breaks to nursing mothers who are exempt employees. The law becomes effective April 28. The Department of Labor has already revised Fact Sheet #73 to account for this change. It’s also created some new resources ahead of the law’s effective date.

Case of the Week: Ensure job descriptions reflect actual work

04/07/2023
Inaccurate or out-of-date job descriptions can trigger a variety of lawsuits, including allegations that you violated the Equal Pay Act or tolerated discrimination by paying some employees less than others who do the same or similar work.

Employees can tell it like it is (or isn’t)

04/06/2023
The National Labor Relations Board has issued a broad decision invalidating these non-disclosure and non-disparagement agreements when offered in conjunction with severance pay in a union setting. Even offering a severance package contingent on employees signing these agreements is out of bounds, according to the decision.

How much and when? The increase in the FLSA’s salary level for exempts is near (or not)

04/04/2023
Let’s be clear—no one knows what these regulations will contain. Nevertheless, it’s prudent to proceed as if these regulations will see the light of day next month.

NLRB okays secret workplace recordings

04/03/2023
Here’s a new worry for employers, thanks to the National Labor Relations Board: Your employees may be secretly recording conversations you have with them for later playback even if you have robust “no recording” rules in place.

Feel free to contact worker who’s on sick leave

04/03/2023
Employers should make it a point not to pester employees who are out on sick leave or ask them to perform work during their time off. However, that general principle doesn’t mean employers are absolutely forbidden to seek basic information from employees who are out sick.

3 lawsuits show EEOC is serious about COVID-related disabilities

04/03/2023
According to its most recent data, the EEOC has received about 6,000 COVID-related complaints. Of those, about 60% involve alleged violations of the ADA, including disability-discrimination claims focusing on telework as an accommodation and discrimination against workers perceived as vulnerable to serious COVID-19 outcomes.

Case of the Week: Blanket criminal history ban costs employer $2.7 million

03/30/2023
The EEOC has long taken the position that automatically barring those with criminal records from employment may disparately impact certain protected classes and therefore amount to race or national origin discrimination under Title VII. The agency says employers should evaluate each applicant’s record and assess whether the conviction is job related and a hiring ban is for a justifiable business reason.

NLRB counsel doubles down on severance agreement invalidity

03/30/2023
Back in February, the National Labor Relations Board ruled that non-disparagement and confidentiality clauses commonly embedded in severance agreements are illegal. Now, board general counsel Jennifer Abruzzo has issued a memo clarifying the scope of the decision.

Step in to stop workplace toxicity that disproportionately harms women

03/29/2023
According to new research released in the MIT Sloan Management Review, women are 41% more likely than men to experience a toxic corporate culture. The pandemic appears to have widened the toxic-culture gender gap.