NLRB General Counsel Sets Ambitious Agenda

Eric Paltell
Eric Paltell
08/17/2021
On August 12, 2021, the NLRB’s new General Counsel, Jennifer Abruzzo, issued a memo (GC 21-04) signaling plans to reconsider more than 40 decisions of the Trump Board.  The memo also asks for cases in a number of areas not addressed by the Trump Board to be sent to Advice for the purpose of considering whether new standards should be set.  The memo is indicative of an aggressive agenda that will likely see the Board issue a number of pro-labor...
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It’s Time to file EEO-1 Reports

Darrell VanDeusen
Darrell VanDeusen
05/05/2021
Last week, the EEOC issued the following press release, which is reproduced here as released.  Employers sometimes forget about EEO-1 reporting requirements.  If you are a covered employer, do not forget to complete your report.  If you have questions, contact us.  K&S lawyers will assist you in understanding your obligations.  EEOC ANNOUNCES OPENING OF 2019 AND 2020 EEO-1 COMPONENT 1 DATA COLLECTION Employers Have Until July 19, 2021 to...
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DOL Reverses Policy Limits On Liquidated Damages For Wage Violations In Pre-Litigation Settlements

Bernadette Hunton
Bernadette Hunton
04/12/2021
On April 9, 2021, the Department of Labor issued revised guidance on the agency’s use of liquidated damages to settle wage violations, rescinding limits imposed by the Trump administration less than a year ago. Under the Fair Labor Standards Act (FLSA), employers who violate certain provisions of the Act pertaining to minimum wage, overtime, and tipped employees, are liable for unpaid wages plus an additional equal amount as liquidated damages. ...
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Maryland DOL Urges Employers To Review Benefit Charge Statements For Fraudulent Activity

Bernadette Hunton
Bernadette Hunton
02/16/2021
According to a press release issued by the Maryland Department of Labor, states have seen a “significant spike” in fraudulent unemployment activity since passage of the Continued Assistance for Unemployed Workers Act.  Part of the stimulus package signed into law by President Trump on December 27, 2020, the Act extends pandemic unemployment relief measures through March 14, 2021, with certain modifications.  Key provisions include expansion...
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OSHA Provides Further Guidance on Managing COVID-19 in the Workplace

Randi Klein Hyatt
Randi Klein Hyatt
01/29/2021
Earlier today, the Occupational Safety and Health Administration issued its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.  The Guidance is not legally binding but does detail recommended best practices around managing COVID-19 in the workplace.  OSHA has reiterated that workers should continue to maintain at least a six-foot distance from others when possible, wash hands, properly wear a face mask (covering nose...
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Biden DOL Revokes Three Eleventh-Hour Trump DOL Opinion Letters

Randi Klein Hyatt
Randi Klein Hyatt
01/27/2021
In its final days under the Trump administration, the Department of Labor (DOL) had advanced three opinion letters on independent contracting and tip-pooling rules.  On Tuesday, the DOL's Wage and Hour Division revoked the letters under the Biden administration's regulatory review freeze.  The independent contracting rule would have permitted a simpler legal standard for classifying workers as independent contractors rather than employees covered...
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DOL Issues Four New Wage & Hour Opinion Letters

Clifford Geiger
Clifford Geiger
01/20/2021
The U.S. Department  of Labor issued four new opinion letters on January 19, 2021: FLSA2021-6 A trade association of staffing firms asked for an opinion on whether the Fair Labor Standards Act’s (FLSA) “retail or service establishment” exemption applies to staffing firms that recruit, hire, and place employees on temporary assignments with clients.     Qualifying for the exemption would mean there is no overtime requirement under the...
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Two New Wage & Hour Opinion Letters from DOL

Darrell VanDeusen
Darrell VanDeusen
01/12/2021
In the final weeks of the Trump administration, the Department of Labor has been busy putting out guidance on wage and hour matters.   Let’s put aside last week’s Final Rule on independent contractors, issued January 6, 2021.  That rule is expected to face substantial challenge in court, so while it is an interesting change in approach by the DOL, all should recognize the uncertainty of its lasting effect. Please turn instead to two Wage...
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EEOC Issues Updated Guidance On Religious Discrimination

Last month, the Equal Employment Opportunity Commission (EEOC) published a new update to its 2008 guidance on religious discrimination in the workplace.  Recognizing the "altered legal landscape" that has transpired in the last 12 years, the agency issued a modernized version of its guidance that covers employer obligations and employee rights.  Specifically, the guidance addresses: Coverage, including when a particular religious practice or...
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DOL Issues Guidance On Federal Contractor Diversity Training

Garrett Wozniak
Garrett Wozniak
10/13/2020
On September 22, President Trump issued Executive Order 13950, which states that United States policy is “not to promote race or sex stereotyping of scapegoating.”  The Order prohibits federal contractors from training employees in a manner that promotes race and sex stereotyping or scapegoating. Last week, the Department of Labor’s Office of Federal Contract Compliance (OFCCP) issued answers to FAQs concerning what E.O. 13950 permits and...
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