Mar 02 2023

Labor RelationsTermination & Resignation  

Board invalidates confidentiality and nondisparagement clauses

The National Labor Relations Board recently ruled that confidentiality and nondisparagement provisions in an employer’s severance agreements with 11 employees were unlawful under the National Labor Relations Act (NLRA). The decision overturned a Trump-era decision which we previously reported, involving Baylor University Medical Center. The current Board wrote that “a severance agreement…

Read More…

Feb 02 2023

Affirmative ActionHarassment & Discrimination  

OFCCP releases new list of federal contractors it will audit

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a new list of federal contractors it intends to review in the coming months for affirmative action compliance. This Corporate Scheduling Announcement List (CSAL) is a courtesy heads-up, showing which companies will be selected for random affirmative…

Read More…

Jan 19 2023

Q&AEmployee ClassificationsWage and Hour  

Q&A: Using rounding in timekeeping may violate state law

Question: We use a timekeeping system that rounds employees’ punches in and out to the nearest quarter of an hour. I recently heard this may be risky, but I thought federal law allows it? Answer: Both points are true: This practice may be risky under state wage and hour law, even though the…

Read More…

Jan 05 2023

DisabilityHarassment & DiscriminationWage and Hour  

Federal law expands rights for workers who are pregnant or nursing

On December 29, 2022, President Biden signed a bill that grants reasonable accommodation rights to pregnant workers and grants workers who are exempt from overtime the right to take breaks to express breast milk. Both provisions, which are actually separate laws, are tucked in the $1.7 trillion 2023 omnibus spending…

Read More…

Dec 01 2022

Affirmative ActionHarassment & DiscriminationHiringTermination & ResignationWage and Hour  

OFCCP kicks off 2023 fiscal year with settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently announced the following financial settlements with federal contractors, as the result of routine affirmative action audits. These are the first settlements to be announced during the agency’s 2023 fiscal year, which began on October 1, 2022. In each case, the company signed a…

Read More…

Nov 17 2022

Drug and AlcoholHarassment & DiscriminationSafety and HealthWage and Hour  

Follow these HR tips for holding holiday parties

With the widespread easing of COVID-19 (coronavirus) restrictions, our attorneys have been fielding a number of questions about resuming company holiday parties. Here are some recommendations to enjoy a fun celebration with coworkers without getting the company into trouble: Stay healthy: Tell employees to please stay home if they don’t feel well, so…

Read More…

Nov 17 2022

Leave LawsWage and Hour  

WASHINGTON: PFML rates to rise in 2023

As of January 1, 2023, the premiums will increase for Washington’s Paid Family and Medical Leave (PFML) program. The premium rate will be 0.8 percent (up from 0.6 percent) of each employee’s gross wages (not including tips), up to a maximum of $160,200 (the 2023 Social Security cap). The split between employers…

Read More…

Nov 03 2022

Affirmative ActionDisabilityHarassment & Discrimination  

Q&A: Affirmative action ruling won’t affect federal contractors

Question: I understand the U.S. Supreme Court is considering a legal challenge to two universities’ race-based student admissions practices. If the Court strikes down these practices, how will it affect our affirmative action obligations as a federal contractor? Answer: It won’t, for many reasons. The universities’ alleged practices of considering race/ethnicity when selecting…

Read More…

Oct 20 2022

Affirmative ActionHarassment & Discrimination  

Federal contractors settle significant OFCCP discrimination claims

Just in time before the close of the federal fiscal year on September 30, 2022, the Office of Federal Contract Compliance Programs (OFCCP) obtained a number of significant financial settlements with federal contractors. The OFCCP had selected these companies for routine audits of their affirmative action plans (AAPs) and found…

Read More…

Oct 20 2022

Harassment & Discrimination  

EEOC updates its mandatory EEO poster

On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced the replacement of its mandatory “EEO is the Law” poster with a new one titled, “Know Your Rights: Workplace Discrimination is Illegal.” At long last, the revisions incorporate information from the temporary supplement to the “EEO is the Law” poster, which federal contractors…

Read More…