Karen Davis, Author at Vigilant

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May 03 2024
DisabilityEmployee BenefitsLeave Laws

EEOC issues regs for Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) recently issued regulations and interpretive guidance to implement the Pregnant Workers Fairness Act (PWFA), which requires all employers with 15 or more employees to reasonably accommodate workers with known limitations related to pregnancy, childbirth, or related medical conditions. The regulations take effect on June 18, 2024 (89 Fed Reg…

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Apr 19 2024
Labor RelationsWage and Hour

Supreme Court clarifies arbitration rules for transportation workers

The U.S. Supreme Court recently clarified that a worker’s job duties, not their employer’s business, determine whether they qualify as a transportation worker who is exempt from the Federal Arbitration Act (FAA). The FAA exemption frees such workers from the general rule under federal law that workers can be compelled to sign agreements to resolve…

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Apr 05 2024
Labor RelationsLeave LawsWage and Hour

WASHINGTON: Governor signs 2024 bills

The Washington legislature’s regular session adjourned on March 7, 2024, and Governor Jay Inslee has signed several employment-related bills into law: SHB 1905 (pay equity): Expands Washington’s existing pay equity law beyond gender to also include membership in a long list of protected classes: age, sex, marital status, sexual orientation, race, creed, color, national origin,…

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Mar 21 2024
Employee BenefitsHiringLabor Relations

Judge tosses NLRB’s 2023 joint employer rule

A federal district court judge in Texas has invalidated the National Labor Relations Board (NLRB)’s 2023 rule defining when two separate companies are actually joint employers for purposes of compliance with the National Labor Relations Act (NLRA). The judge issued the decision shortly before the rule was scheduled to take effect. The Board is expected…

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Mar 21 2024
Wage and Hour

EEOC releases pay data dashboard from EEO-1 Reports

The U.S. Equal Employment Opportunity Commission (EEOC) recently published a data dashboard displaying aggregate compensation data collected in “Component 2” of covered employers’ 2017 and 2018 EEO-1 Reports. As we previously reported here and here, employers with at least 100 employees were required to submit data from those two years for employees’ pay and hours,…

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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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