Category Archives: Employment and Labor

Employers Beware: The National Labor Relations Board Cracks Down on Non-Disparagement Policies

Do you know which policies would constitute a violation of the National Labor Relations Act (NLRA)? Employers should review their policies to ensure that the policies are not overbroad and do not encompass what could be reasonably interpreted as chilling employees’ Section 7 protected concerted activities. CONTINUE READING...

The DOJ And FTC Crack Down On Competition Amongst Firms For Employees

At the end of last year, the Department of Justice, Antitrust Division (“DOJ”), and the Federal Trade Commission (“FTC”), jointly authored a guidance to address potential violations of anti-trust laws impacting employee hiring and compensation decisions. The guidance was intended to encourage Human Resources professionals and other decision makers to institute safeguards in situations where companies are attempting to hire the same employees by expressly prohibiting “inappropriate” discussions or agreements. CONTINUE READING...

President Trump Reverses “Blacklisting Rule”

President Trump has permanently blocked previously issued Executive Order 13673 - Fair Pay & Safe Workplaces, also known as the “Blacklisting Rule”. CONTINUE READING...

Worker Misclassification – A Pandora’s Box

Worker misclassification continues to be an ongoing problem throughout the country. The effect of this has its greatest impact on low wage earners. By virtue of being misclassified as independent contractors, as opposed to employees, such workers do not have legal protections of employees, such as minimum wage and overtime protection or unemployment and worker’s compensation coverage. CONTINUE READING...

Federal Contractors Beware – New Paid Sick Leave Requirements

The U.S. Department of Labor has reported that about 40% of the U.S. private sector workforce does not have the benefit of paid time off for care of their own illnesses or those of family members. This pressure on working families was the impetus for the Executive Order signed by President Obama in September 2016, which was intended to provide economic security to working families, improve employee health and performance and to protect the public at large. CONTINUE READING...