Karen Davis, Author at Vigilant

Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Karen Davis

Mar 11 2024
Labor RelationsUncategorized

Court extends effective date of joint employer rule to 3/11/24

              A federal district court in Texas recently delayed the effective date of the National Labor Relations Board (NLRB)’s revised joint employer rule until March 11, 2024. The new rule was originally scheduled to take effect on December 26, 2023, but we previously reported that the Board later delayed the…

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Feb 27 2024
Termination & Resignation

Supreme Court clears path for SOX whistleblower to claim retaliation

The U.S. Supreme Court recently ruled that employees alleging retaliation under the Sarbanes-Oxley Act (SOX) only have to show that their whistleblowing activity was a “contributing factor” in their employer’s adverse employment decision. SOX is a federal law that protects employees at publicly traded companies who report (internally or externally) what they reasonably believe to…

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Feb 23 2024
Affirmative ActionHarassment & DiscriminationHiring

Manufacturer pays $443,000 to resolve hiring discrimination claims

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that federal contractor GE Aerospace will pay $443,000 in back pay and interest to resolve allegations that it discriminated against female applicants for Manufacturing Ops Associate positions at its facility in Rutland, Vermont. The money will be shared among 116 unsuccessful female applicants. The company…

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Feb 23 2024
Harassment & Discrimination

NLRB says employee had right to put BLM initials on apron

The National Labor Relations Board (NLRB) recently ruled that Home Depot violated the National Labor Relations Act (NLRA) when it told an employee not to wear the initials “BLM” on a work apron in reference to Black Lives Matter. Under the NLRA, unless special circumstances exist (such as safety concerns), nonmanagement employees generally have the…

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Feb 08 2024
Affirmative Action

OFCCP kicks off FY 2024 with two financial settlements

The Office of Federal Contract Compliance Programs (OFCCP) has published two financial settlements that it secured from federal contractors early in its 2024 fiscal year—one as the result of a routine review of a functional affirmative action plan (AAP) and one as the result of an employee complaint: Michael Baker International Inc. agreed to pay…

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Jan 29 2024
Employee ClassificationsWage and Hour

DOL publishes FLSA rule on independent contractors vs. employees

  The U.S. Department of Labor (DOL) has published a new regulation describing how to determine whether a worker is an independent contractor or employee under the federal Fair Labor Standards Act (FLSA). The regulation uses an “economic realities” test to evaluate whether the worker is economically dependent on the hiring entity (indicating employee status)…

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Dec 07 2023
DisabilityDrug and AlcoholLeave Laws

Q&A: Know how to handle disclosure of need for alcohol treatment

Question: An employee in a safety-sensitive job came forward to say she’s going into a 28-day treatment program for alcohol use disorder. When she comes back, can we test for alcohol (return-to-duty and unannounced follow-up tests)? Answer: Maybe… so please ask your Vigilant Law Group employment attorney or other legal counsel to review your specific facts before…

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Nov 16 2023
Affirmative ActionHarassment & Discrimination

OFCCP obtains more financial settlements to end FY 2023

The Office of Federal Contract Compliance Programs (OFCCP) has posted a slew of last-minute financial settlements that were signed just before September 30, 2023, the end of the federal government’s 2023 fiscal year. All but one (which was in response to an individual complaint) resulted from the OFCCP conducting routine affirmative action audits of federal…

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Nov 02 2023
Employee ClassificationsLabor RelationsWage and Hour

NLRB expands interpretation of joint employment

The National Labor Relations Board (NLRB) recently issued a new regulation that broadly designates separate companies as joint employers for purposes of having a duty to comply with the National Labor Relations Act (NLRA). The rule affects potential joint employment relationships such as client employers and their staffing agencies, or franchisors and their franchisees, or…

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Oct 19 2023
Uncategorized

Federal contractors must notify employees of whistleblower rights

Most federal contractors and subcontractors are required to notify employees of their whistleblower rights to report misconduct related to the federal contracts, under a new regulation that takes effect on November 6, 2023. Most employers holding contracts with the Department of Defense (DoD) and the National Aeronautics and Space Administration (NASA) were already required to…

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Oct 05 2023
Affirmative ActionWage and Hour

Federal contractor minimum wage rises January 1, 2024

The U.S. Department of Labor (DOL) has raised the minimum wage for certain federal contracts related to services and construction (not supplies) as of January 1, 2024. The amount of the increase depends on when your organization’s covered federal contract was signed or modified. For federal contracts signed, renewed, or extended on or after January…

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Oct 05 2023
Labor Relations

NLRB issues rules to speed pace of union elections

As expected, the National Labor Relations Board has issued “quickie election” rules—new regulations that will likely shorten the amount of time between a union’s petition for an election and the date of the election itself. The changes apply to representation petitions filed on or after December 26, 2023 (88 Fed Reg 58076, August 25, 2023)….

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