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Employment Law

Organized labor in flux: Dems soon to gain NLRB majority

03/30/2021
Democrats will soon gain a 3-2 majority on the National Labor Relations Board, according to employment lawyer Michael Lotito, who on March 25 briefed participants at the 17th annual Labor and Employment Advanced Practices Symposium.

Most managers still don’t understand FMLA basics

03/25/2021
Less than half (46%) of managers can name the benefits that the FMLA provides and even fewer (42%) know how long employees can be absent on FMLA leave, according to a test given to 435 managers by ClaimVantage.

Now is the time to get in front of the coming pay-equity wave

03/25/2021
Closing the wage gap between women and men is emerging as one of today’s most pressing workplace challenges. Smart employers are planning for a post-pandemic future in which there is greater wage parity between women and men.

Walsh confirmed as Biden’s Secretary of Labor

03/25/2021
Marty Walsh has been confirmed to become the nation’s 29th Secretary of Labor, bringing a staunchly pro-worker perspective to a Department of Labor that faces big issues in coming months.

What managers need to know about the FMLA

03/25/2021
The law allows qualified employees to take up to 12 weeks of unpaid leave each year for the birth or adoption of a child, to care for their own “serious” health condition or to care for an immediate family member who has a serious condition.

Snapshot: Retaliation still rising as most common EEOC charge

03/23/2021
For more than 10 years, retaliation has been the most common EEOC charge, now included in more than half of all complaints filed.

EEOC cracks down on teen worker harassment

03/23/2021
Many teenagers find their first jobs at fast-food or sit-down restaurant chains. Unfortunately, that kind of work often comes with a side of sexual harassment. The EEOC wants to stop that rite of passage.

Prepare for the onslaught of COVID ‘tag-along’ claims

03/18/2021
A former manager at a New York ice cream shop filed a lawsuit alleging that he was fired in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company. The “and” is vitally important.

NLRB supports right to discuss unions, wear logos

03/18/2021
The National Labor Relations Board ruled that a BMW manufacturing plant violated employees’ labor-law rights by banning employees’ conversations about the union during work time while allowing conversations about other nonwork subjects.

Firing after FMLA leave: How soon is ‘too soon’ to trigger retaliation?

03/18/2021
When it comes to the FMLA, courts will always pull out their calendars to see how closely the employee’s protected activity (requesting or taking FMLA leave) coincides with the adverse action handed down by the employer (discipline, termination, etc.). The smaller the time, the bigger your risk of losing an FMLA-retaliation lawsuit.