Workplace Rules

In the latest episode of Workplace Rules , Dana Svendsen and Alex Pratt discuss a proposed Occupational Safety and Health Administration (OSHA) rule. This potential new rule would give a designated union representative right to accompany an OSHA inspector onto an employer worksite. Dana and Alex address the possible implications for employees and what compliance might mean for them.

The Response of Organized Labor to Artificial Intelligence in the Workplace Description: With the explosion of the use of artificial intelligence (AI) in the workplace, employers are coming up against challenges with organized labor that many employers may not have previously considered. Listen to learn how unions are reacting to the use of AI in both unionized and non-unionized workplaces.

In the United States, the use of noncompete agreements has been prolific and the law regarding the enforcement and use of noncompetes has been fairly steady and noncontroversial—until now. In January 2023, the Federal Trade Commission (FTC) proposed regulations that would, with only very limited exceptions, ban employers from imposing noncompete clauses on their workers and invalidate all existing...

Join Heather and Matt to learn more about the current state and utility of arbitration under California’s Private Attorneys General Act (PAGA). If an employer commits Labor Code violations against a current or former employee, PAGA authorizes the employee to bring a representative action for civil penalties on behalf of the state against the employer. Questions regarding the application of class-a...

The U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2023-2 to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) , passed in 2022. Now in effect in all states, the PUMP Act expands the Fair Labor Standards Act’s (FLSA) workplace protections for all employees, not just nonexempt worke...

A recent National Labor Relations Board (NLRB or the Board) decision reverts to an Obama-era standard used to determine a worker’s status as an employee or an independent contractor under the National Labor Relations Act (NLRA or the Act). This is important, as employees have rights under the NLRA, while independent contractors do not. In this episode, Jill and Alex discuss the decision, events th...

A new law recently went into effect in the State of Texas called the Texas CROWN Act, which prohibits employers, labor unions, and employment agencies from discriminating against Texas employees because of hairstyles associated with race. Listen to learn more about who the Texas CROWN Act protects, how it has changed anti-discrimination laws that existed before it was passed, and how it will affec...

A recent decision made by the National Labor Relations Board (NLRB or the Board) reinstated setting-specific standards to determine whether employers have violated the National Labor Relations Act (NLRA or the Act) by disciplining employees for engaging in “abusive conduct” when that behavior occurred in connection with activities protected by Section 7 of the Act. Listen to learn about the decisi...

The National Labor Relations Board (NLRB or the Board) General Counsel Jennifer A. Abruzzo recently issued a memorandum , opining that noncompete agreements contained in employment agreements and severance agreements violate the National Labor Relations Act (NLRA) except in limited circumstances. Listen to learn about the General Counsel’s rationale for concluding that noncompetes violate the NLRA...

The Washington Employment Security Department (ESD) recently adopted new rules for the state’s Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage requirements. The new rules went into effect on July 1, 2023. Listen to learn more about these new rules and what steps employers may want to consider taking to ensur...

Employers are increasingly utilizing artificial intelligence (AI) tools supplied by third-party vendors. Recently, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers are generally liable for the outcomes of using selection tools to make employment decisions. Listen to learn about the EEOC’s new technical guidance titled, “ Assessing Adverse...

The exemption for employment-related and business-to-business (B2B) data under California’s privacy law expired on January 1, 2023. Without this exemption, information previously allowed to be excluded now falls within the scope of California’s extensive privacy requirements, including notice and transparency, data minimization, and data subject rights requests. Listen for an overview of the now-e...

The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules for Local Law 144 . This landmark law prohibits employers from using automated employment decision tools (AEDTs) to evaluate job candidates or employees when making employment decisions, unless certain bias audit and notice requirements are met. Enforcement of the law will begin on July 5, 2023. Listen to lea...

New York State Governor Kathy Hochul signed an amendment to the New York State Pay Transparency Law (NYSPTL). The law, which Governor Hochul first signed on December 21, 2022, requires employers to list compensation ranges for certain job, promotion, or transfer opportunities. The amendment clarifies some aspects of the original law, which is scheduled to go into effect on September 17, 2023. With...

Employees alleging racism in the workplace received favorable guidance from the National Labor Relations Board (NLRB) in a recent general counsel memorandum. The NLRB’s Office of the General Counsel (the general counsel) released a previously confidential advice memorandum setting forth its position that workplace discussions about racial discrimination are protected as concerted activity under Se...

This spring, the Office of Federal Contract Compliance Programs (OFCCP) published its final order rescinding the Trump-era Religious Exemption Rule for federal contractors. This recession, which went into effect on March 31, 2023, has made it easier for religiously affiliated federal contractors and subcontractors to make employment decisions based on religion. Listen in to learn more about how th...

Illinois Governor Jay Pritzker signed into law the Paid Leave for All Workers Act (PLFAW) on March 13, 2023, which guarantees all Illinois workers at least 40 hours of paid leave (or a pro rata amount, depending on the number of hours worked) in a 12-month period starting January 1, 2024. Employees may use the leave for any reason and are not required to provide the employer with the reason for le...

California’s enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. Listen to learn more about the background of the law, the new pay data reporting requirements, and what steps employers with California employees may want to take to ensure that they are complying with the...

Perkins Coie published the fourth edition of Labor Law Today—Year in Review , offering a summary of the past year’s most noteworthy and influential developments in traditional labor law. It was anticipated that the aggressive employee-friendly actions from the National Labor Relations Board (NLRB) and the general counsel that we saw in 2022 would continue into 2023. So far, that has been the case...

In February 2023, the National Labor Relations Board (NLRB) ruled in McLaren Macomb , 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions violate the National Labor Relations Act (NLRA). Although often overlooked, the NLRA’s protections apply to most private sector union and nonunion workforces alike. Since the NLRB’s ruling,...

Recently, in Helix Energy Solutions Group v. Hewitt , the U.S. Supreme Court ruled that a daily-rate worker who earned more than $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate did not satisfy the “salary basis test,” which is required for an empl...

U.S. President Joe Biden signed the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) into law on December 29, 2022. This combined legislation aims to bridge the gap in federal legal protections for employees who are affected by pregnancy or related conditions or who are breastfeeding. Listen to learn more about the requirements f...

The Federal Trade Commission (FTC) recently announced its proposal of a new rule that would ban employers from imposing noncompete agreements on their workers and invalidate existing noncompetes currently in effect. The FTC stated the rule would affect 30 million, or one in five, American workers currently covered by a noncompete agreement. Listen to this episode to learn more about the proposed r...

Illinois employers will face a host of new requirements in 2023, including the CROWN Act, the Family Bereavement Leave Act (FBLA), the One Day Rest in Seven Act Amendment (ODRISA), an Illinois Equal Pay Act (IEPA) update, and Enhanced Chicago Sexual Harassment training. Listen to this episode to learn more about the updated labor and employment landscape in Illinois.

The National Labor Relations Board (NLRB or the Board) recently issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a microunit (i.e., a small, discrete subset of employees at a larger worksite) is appropriate and reinstated the Obama-era standard which held that petitioned-for units would be found appropr...