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RSS feed iconArticles on workplace-related issues from newspapers and Internet news sources around the country.

November 30, 2021

4 Common Ways Companies Alienate People with Disabilities

Source: cat Noone, Harvard Business Review

Executives and product team leaders need to stop excluding people with disabilities and understand that their decisions affect how users interact with every aspect of their products and services. At this point, leaders have the right tools at their disposal, but need to become more aware of their oversights. The author presents four common mistakes leaders make that prevent people with disabilities from interacting with their companies.

Restaurant Industry Alert: DOL Publishes Final Rule for Tipped Employees

Source: Frederick L. Warren, FordHarrison

The Final Rule related to tipped employees is effective December 28, 2021. In a Notice of Proposed Rulemaking on June 21, 2021, the Department of Labor also proposed limits on the tip credit employers can take during workweeks when tipped employees perform work that directly supports tipped work but does not itself produce tips. Read this informative article for how the Final Rule defines "directly supporting work" as well as what employers can anticipate as consequences of this Final Rule.

Federal Service Contractors Should Start Preparing Now for New Biden Executive Order 'Nondisplacement of Qualified Workers Under Service Contracts’

Source: Leslie A. Stout-Tabackman, JacksonLewis

Through a new Executive Order, President Joe Biden has revived and revamped the Obama-era requirement that successor contractors with Service Contract Act contracts hire their predecessor’s employees.

November 29, 2021

15 Qualities of Bad Managers

Source: Jennifer Ortiz, U.S. News

Managers and leaders play a critical role in organizations, from the influence they have over employees to the way a company functions operationally and culturally. While good management skills can spur productivity, employee retention and success, weak manager characteristics and bad manager traits can be detrimental for teams, departments and companies. Almost every professional will face working with a bad manager at some point in their career. Read this article to learn some of the most common characteristics to look out for if you suspect you're working or a bad manager.

Notice of termination can support discrimination claim

Source: Brendan Pierson

An employee who was told she might be laid off can sue for discrimination even if the layoff did not ultimately happen, a federal appeals court ruled Friday, in an age and disability discrimination lawsuit brought by a former AT&T Inc employee.

Nonetheless, the 3rd U.S. Circuit Court of Appeals ruled against plaintiff Kathleen Fowler, who found a new job within AT&T when her position was eliminated in 2016 but was eventually laid off months later.

Unionized workers fight for better pay and benefits in post-pandemic economy

Source: Mark Stassmann, CBS News

Part of America's Great Resignation is a Great Repudiation — workers are rising up and demanding better, as businesses struggle to find enough people to fill open positions.

A strike by more than 1,000 Kellogg's plant workers is in its seventh week. There are ongoing walkouts by coal miners in Alabama. Health care workers in Northern California are also on strike. John Deere recently settled with 10,000 striking workers, as did Mercy Hospital in Buffalo, New York. "Workers definitely have more labor market leverage because employers need to hire," said Johnnie Kallas, a project director at Cornell University's Labor Action Tracker. "They're understaffed and therefore workers have more bargaining power."

November 26, 2021

Whistleblower Protections for Employees Expand in New York

Source: Gregory (Greg) Keating Nancy Gunzenhauser Popper Ann Knuckles Mahoney Christopher Shur, National Law Journal

New York Governor Kathy Hochul recently signed legislation that expands one of the state’s whistleblower laws with significant revisions (“Amendments”) to NY Labor Law § 740 (“Section 740”). The Amendments increase coverage for workers who allege they have been retaliated against for reporting suspected employer wrongdoing. Taking effect on January 26, 2022, the Amendments broaden the scope of private-sector whistleblower protections by expanding whistleblower protections outside the scope of health care fraud and reporting of health and safety concerns. The Amendments also expand the pool of individuals protected by Section 740, among other changes.

$700K for defying vaccine requirement? Democrats push for jump in workplace fines

Source: Maureen Groppe, USA Today

As the courts decide whether a COVD-19 vaccination requirement for 84 million workers can go into effect, Democrats are moving ahead on efforts to dramatically increase fines for workplace safety violations and double the number of federal inspectors.

The wide-ranging package of Democratic social spending priorities that passed the House last week and is pending in the Senate would increase the maximum penalty to $70,000 for a serious workplace violation and to $700,000 for a willful or repeated violation. The current top fines for those categories are $13,653 and $136,532.

Greyhound Will Pay $45,000 to Settle EEOC Religious Discrimination Suit

Source: EEOC

Greyhound Lines Inc., the nation’s largest intercity bus common carrier, will pay $45,000, train its human resources managers and hiring officials on religious accommodations and furnish other significant relief to settle a federal religious discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission.

November 25, 2021

Mandatory Retirement – Can You Toss the Old Guy Out?

Source: Bennett L. Epstein, National Law Journal

A common trope of a 1930’s film is the callous boss handing a wizened older Wallace Barry looking man a gold watch and showing him the door as a young up-and-comer sits himself down at his desk. Is mandatory retirement legal in 2021?

With a few exceptions, the answer is no. For those employers covered by the Federal Age Discrimination in Employment Act , it is unlawful to discriminate against employees who are 40 or more years of age. A mandatory retirement age is a form of discrimination since it is tantamount to an involuntary termination. That is the case even where the employer has a retirement policy to which the employee agrees when hired. There are two exceptions under the Americans with Disabilities Act. Read the article to learn more.

Mental Health Parity – Don’t Be Left Out in the Cold!

Source: Monique Warren, JacksonLewis

News Flash: There’s no actual statutory mandate that employers offer group health coverage at all, much less coverage for specific conditions. However, federal law requires health plans that provide mental health and substance use disorder coverage to ensure that the financial requirements and treatment limitations applicable to those benefits are no more restrictive than the predominant requirements applicable to medical and surgical benefits. By default, employers that sponsor group health plans generally are responsible for compliance with these and other federal requirements.

DOJ Announces Settlement of Immigration-Related Discrimination Claims

Source: Raymond G. Lahound, National Law Journal

The Department of Justice recently announced it has reached an agreement with a Texas-based company to settle immigration-related discrimination claims. Resolving allegations that the company failed to consider U.S. workers for certain positions and instead favored workers on temporary work visas, the settlement underscores the need for companies to exercise care in hiring.

November 24, 2021

3 Strategies to Help Employees Thrive in the New “Normal”

Source: Anjali Chaudhry and Al Rosenbloom, Harvard Business Review

As businesses continue to feel their way into a post-pandemic world and plan for a new normal, managers and organizational leaders are dealing with a number of immediate and near-term decisions. And big questions remain: How can I motivate my employees while balancing work from home and safe return-to-work policies? Is there a way to get employees to be creative? How do I help my employees thrive? Three strategies can help employers answer these questions: recalibrate expectations, reestablish commitment, and rebuild capacity.

House Passes Build Back Better Bill Retaining Heavy New Penalties for Employer NLRA Violations

Source: Thomas V. Walsh, Jonathan J. Spitz & Richard F. Vitarelli , JacksonLewis

The Build Back Better Act contains provisions that include new employer penalties under the National Labor Relations Act. Under the bill, any Unfair Labor Practices violation by an employer would additionally be subject to a penalty “not to exceed” $50,000 for each violation. However, for employers found to have committed certain violations, and any which results in the discharge or “serious economic harm” to an employee, the penalty can be doubled to $100,000 if the employer had been found to have committed a similar violation within five years.

DOL Publishes Final Rule Implementing President Biden’s $15 Federal Contractor Minimum Wage

Source: Leslie A. Stout-Tabackman, JacksonLewis

The Department of Labor has published its Final Rule implementing President Biden’s April 27, 2021, Executive Order 14026 raising the minimum wage from $10.95 an hour to $15 an hour (with increases to be published annually). The new wage rate will take effect January 30, 2022, though the rate won't be applied to contractors immediately on that date.

November 23, 2021

Future Of Work: The 5 Biggest Workplace Trends In 2022

Source: Bernard Marr, Forbes

Much has been written about the huge changes in our working lives during the past two years – driven of course by necessity and concerns for safety. In 2022, the pandemic is very much still a fact of life for many of us. However, it’s fair to say that we’ve learned to adapt to new behavioral patterns and expectations as we do our jobs. In 2022, the biggest workplace trends will be hybrid working, an AI-augmented workforce, staffing for resilience, less focus on roles, more focus on skills, and employee monitoring and analytics.

Why Bosses Are Inflexible About Flexible Work Arrangements

Source: Nicole Kobie, Wired

EVER FEEL LIKE your boss just doesn't understand you? That's because they don't—and that's especially true when it comes to flexible working.

Future Forum, a research group backed by Slack, runs its quarterly “Pulse” survey of 10,000 knowledge workers alongside focus groups with their bosses across six countries, including the US and UK. For the latest iteration, the Pulse study focused on the lockdown-imposed home-working experiment and the slow return to the office—and it'll come as no surprise to find out that management are rather more keen to see staff at their desks than leave them working from home. Read more to find out why.

Manage Your Talent Pipeline Like a Supply Chain

Source: Joseph Fuller and Matt Sigelman, Harvard Business Review

In the wake of the pandemic, employers are struggling, with increasing exasperation, to find the workers they need. Commentators ascribe the problem to the Great Resignation, a phenomenon comprised of such contributing factors as a surge in retirements, a shortage of affordable childcare, and the reevaluation that many people are making of the role of work in their lives.

But structural shortcomings underlie all of that: We don’t have a good supply chain for talent.

November 22, 2021

High School Student-Athletes Asserting Name, Image, and Likeness Rights Moves to Forefront

Source: Gregg Clifton, JacksonLewis

Not only are name, image, and likeness (NIL) rights being asserted in collegiate sports, high school athletics are beginning to experience expansion of NIL rights as well.

List of States Limiting Employer COVID-19 Vaccine Mandates Continues to Expand

Source: Joanne Braddock Lambert

In a clear response to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) issued by the Biden Administration, Iowa, Tennessee, Utah, and Florida recently have joined the expanding list of states passing laws curtailing the use of COVID-19 vaccine mandates by private employers.

OSHA Suspends ETS Mandate

Source: Jane Heidingsfelder, Jones Walker

OSHA officially suspended all activities regarding the implementation and enforcement of the recent ETS establishing the COVID-19 vaccination/testing mandate for employers.

What’s the takeaway? For now, employers need not worry about the December 5, 2021 deadline (and likely the January 4, 2022 deadline as well). Employers are still free to act on their own but need not worry about complying with the OSHA ETS.

November 19, 2021

A Workplace with No Boundaries Three Important Things to Know

Source: Damon Isaacs, Linkedin

For years, the boundaries in our world have been fading. From the simple coupon you get on your phone when you pass your favorite store to your refrigerator ordering a new water filter to quickly expanding a local business to a global one. Many advancements are making our lives more boundaryless. Read this article to learn more.

So Your Boss Offered You a Meaningless Promotion

Source: Mita Mallick, Harvard Business Review

Promotions in title only aren’t a new phenomenon. Some leaders may think that by offering you a better title, they’re honoring your contributions and showing that they value you. Some might offer promotions in title only as a way to retain talent when attrition starts to spike. Or, with the pressure to show progress on their diversity, equity, and inclusion (DEI) commitments, some companies will be looking for shortcuts — without doing the meaningful work. Offering fake promotions can be a form of diversity washing, where organizations look for quick fixes to their public DEI commitments. The author explains what to do if you think you’re being offered a fake promotion. Read this article to learn more.

Transgender Discrimination Claims Continue to Evolve; Employers’ Should Take Note.

Source: MaryAnne Quill & Adam D. Hirtz, JacksonLewis

On October 23, 2021, the Northern District of Illinois partially denied a motion to dismiss a transgender female police officer’s lawsuit, filed under federal civil rights law 42 U.S.C. § 1983 and 740 ILCS 23/5(a) of the Illinois Civil Rights Act. Read this article to learn more.

November 18, 2021

Caught in the Middle: What Happens When Frontline Workers Leave the Workforce?

Source: Jacob Kupietzky, Newsweek

We recently discussed COVID burnout, when healthcare workers on the frontline of the pandemic response choose to leave the industry rather than continue shouldering the burden of an unending health crisis. But COVID is affecting these workers in other ways too: Many also need to provide care for their own children and parents. And the stress this care can create often makes a public health crisis even worse. Read this article to learn more.

How To Battle Workplace Burnout

Source: Jason Richmond, Forbes

A new challenge has swept through corporate America during the struggle to function in the midst of the Covid-19 pandemic: burnout. A staggering 89% of employees have fallen victim to burnout, according to a survey of 1,000 full-time U.S. workers by workplace analytics firm Visier. Even more worrying is that 27% said they experienced burnout "all the time." Read this article to learn more.

How can the employer prevent exposure to racial hate symbols, like the confederate flag, in the workplace?

Source: Alyesha A. Dotson, Littler

Beyond proactively increasing security and the number of cameras on site, one of the most effective tools for combating racism in workplaces is to create clear policies and messaging for employees to understand and regularly revisit throughout their employment. Read this article to learn more.

November 17, 2021

Sixth Circuit Wins Lottery to Weigh Biden Shot-or-Test Rule (1)

Source: Robert Iafolla, Bloomberg Law

A federal appeals court in Cincinnati has won the lottery to handle the consolidated case challenging the Biden administration’s emergency regulation requiring large employers to mandate that their workers either get vaccinated against Covid-19 or test regularly. Read this article to learn more.

Fewer than 1 in 5 female employees had access to emergency paid leave during the pandemic

Source: Lorie Konish, CNBC

Fewer than 1 in 5 women — 15% — worked for employers that provided emergency paid leave during the Covid-19 pandemic, according to research from Transamerica Center for Retirement Studies. Read this article to learn more.

First NLRB Charge Filed Alleging Student-Athletes Are Employees Since NLRB General Counsel’s Memorandum

Source: Gregg E. Clifton & Patrick L. Egan, JacksonLewis

Unable to find a student-athlete willing to file an unfair labor practice charge to support the effort of the General Counsel of the National Labor Relations Board (NLRB) to reclassify student-athletes as “employees” as defined in the National Labor Relations Act (NLRA), Michael Hsu, co-founder of the recently formed college basketball player advocacy group, the College Basketball Players Association (CBPA), has filed an unfair labor practice charge (Case No. 25-CA-286101) with Region 25 of the NLRB in Indianapolis accusing the National Collegiate Athletic Association (NCAA) of violating Sec. 8(a)(1) of the NLRA “by classifying college athletes as student-athletes.” Read this article to learn more.

November 16, 2021

‘You Are Mommy Tracked to the Billionth Degree’

Source: Emily Peck, Politico

Women are more likely to want to work remotely. But what if it ends up working against them? Read this article to learn more.

Don’t Let Returning to the Office Burn Out Your Team

Source: Rahaf Harfoush, Harvard Business Review

As Covid-19 restrictions slowly ease, leaders are keen for their staff to return to the office. Despite the eagerness to bring teams together in person, however, rushing headlong back to work might create more harm than good. Read this article to learn more.

Federal Vaccine Mandate Will Remain On Hold For Foreseeable Future - Next Stop Supreme Court?

Source: Dan M. Forman, CDF Labor Law

On November 12, 2021, the United States Fifth Circuit Court of Appeals affirmed its stay on the Federal Vaccination and Testing Emergency Temporary Standard (VAX ETS) pending what it called “adequate judicial review of the petitioners’ underlying motions for a permanent injunction” and further ordered that Federal Occupational Safety and Health Administration’s (Fed/OSHA) take no steps to implement or enforce the VAX ETS. Read this article to learn more.

November 15, 2021

Kaiser Permanente Workers Deserve ‘Fair’ Deal: U.S. Senators (1)

Source: Paige Smith, Bloomberg Law

Eight Senate Democrats weighed in on the Kaiser Permanente labor dispute, urging the company to negotiate a “fair contract” as more than 32,000 nurses, physician assistants, and other workers plan to strike Nov. 15. Read this article to learn more.

Turn on the Lights: New York Mandates Transparency in Electronic Monitoring

Source: Philip Gordon, Joseph Flanagan, and Spencer Soucy, Littler

While employers generally provide some form of notice of electronic monitoring, as a matter of practice, in their employee handbook, New York now requires transparency about workplace monitoring as a matter of law. Read this article to learn more.

What’s New in 2022? Laws and Regulations Taking Effect in the New Year

Source: Bruce Sarchet and Nelly Chavez, Littler

2021 saw state and local legislatures shifting their focus away from COVID-19 measures back to traditional employment law matters. Although two states and the District of Columbia have COVID-19 related legislation going into effect in 2022, the remainder of the country will see a more diverse array of employment legislation becoming effective in the new year. Read this article to learn more.

November 12, 2021

‘I went home and cried’: US employers offer few protections for pregnant workers

Source: Michael Sainato, The Guardian

According to recent research, two-thirds of US workers are being denied adjustments on account of their pregnancy. Read this article to learn more.

10 states sue Biden administration over COVID-19 vaccine requirement for health care workers

Source: Melissa Quinn, CBS News

A group of 10 states is taking the Biden administration to federal court over its new rule requiring health care workers to be vaccinated against COVID-19, claiming the requirement violates the Constitution and federal law governing the agency rule-making process. Read this article to learn more.

U.S. workers have been striking in startling numbers. Will that continue?

Source: Jasmine Kerrissey and Judy Stepan-Norris , Washington Post

U.S. workers are doing something we haven’t seen much of in the last three decades: striking. Roughly 25,000 workers have recently walked off their jobs and joined picket lines, earning October 2021 the nickname #striketober. Read this article to learn more.

November 11, 2021

Is your hiring process hindering your inclusion efforts? Three redesigns to reduce bias

Source: Brian P. Seaman, Reuters

Traditional interview schedules often follow the same format — a candidate will meet a series of current employees in one-on-one interviews that are highly unstructured. Each interviewer spends a set amount of time speaking with the candidate and determining — in their own unique way — whether the candidate is a good "fit" for the organization. Read this article to learn more.

Starbucks workers at three more Buffalo-area stores file for union elections.

Source: Noam Scheiber, New York Times

One day before ballots were scheduled to go out to workers at three Buffalo-area Starbucks in a vote on unionization, workers at three other stores in the area filed petitions with federal regulators on Tuesday requesting elections as well. Read this article to learn more.

Additional Pushback on Governmental and Private Employer Vaccine Mandates by Certain States

Source: Elizabeth A. Lalik and Lauren M. Bridenbaugh, Littler

As reported less than a week ago, some states are pushing back on government and private employer vaccine mandates through state legislation and lawsuits against the federal government. In just three business days since that report’s release, certain states are continuing to push back, as exemplified by at least five significant lawsuits and three new state legislative efforts. Read this article to learn more.

November 10, 2021

Biden plan to make unvaccinated workers pay for Covid testing could backfire

Source: Rebecca Rainey and David Lim, Politico

President Joe Biden wants unvaccinated workers to pay for office Covid-19 testing. But their employers could still end up footing much of the bill. Read this article to learn more.

10 Inclusive Employee Benefits That Can Help Create a More Supportive Workplace

Source: Anne Elder, Linkedin

In the midst of the Great Reshuffle, talented candidates have reevaluated what they’re looking for in a job, from workplace perks and culture to benefits that support their lives outside the office. While it may feel like a challenge as you look to hire the best candidates, this also presents an opportunity. Read this article to learn more.

What employees need to know about the NY Hero Act and workplace safety

Source: Shayla Colon, Times Union

Employees who had to endure the painstaking process of filing a complaint to raise concerns about safety and health in the workplace now have a different avenue to bring up such issues. Read this article to learn more.

November 9, 2021

Using Internal Communications Tactics To Keep Remote Workers Connected

Source: Stacey Burke, Forbes

As #WFH trends and work from home life continues for many of us, we can find ourselves feeling detached from familiar faces and comfortable settings. The physical detachment from working in the same space often translates to a mental detachment, for you lose the touchpoints that help keep you feeling connected. Read this article to learn more.

What to Do About Employees Who Consciously Exclude Women

Source: Jamie L. Gloor, Gudrun Sander, and Alyson Meister, Harvard Business Review

Conscious “excluders,” who despite various corporate interventions, continue to treat some folks differently due to their social group membership, may help explain the recent stagnation in progress toward gender equality in organizational leadership. While excluders’ excuses for such behavior vary, the outcome is quite consistent: Excluders disadvantage women’s employment opportunities, perpetuating inequality in various ways. Read this article to learn more.

Navigating OSHA's New COVID-19 Emergency Temporary Standard

Source: Michael G. Prendergast, Rachel Ziolkowski Ullrich, and Frederick L. Warren, FordHarrison

The highly anticipated OSHA Emergency Temporary Standard (ETS) COVD-19 rule for private-sector workers was announced this week. This ETS impacts approximately 84 million workers nationwide. This Legal Alert provides an overview of this important emergency rule and its impact on employers. Read this article to learn more.

November 8, 2021

There are millions of jobs, but a shortage of workers: Economists explain why that's worrying

Source: Holly Ellyatt, CNBC

The Covid-19 pandemic is not only having a seismic impact on global public health but also causing chaos for the economy, with supply chain disruptions and labor shortages a big problem for businesses around the world. Read this article to learn more.

NFL, Washington Football Team Should Lift Sexual Harassment Claim NDAs, Congress Says

Source: Zoe Strozewski, Newsweek

Two U.S. representatives called on the NFL and Washington Football Team to lift the non-disclosure agreements that block individuals from speaking about sexual harassment and other issues in the team's workplace, the Associated Press reported. Read this article to learn more.

Hospitality Employers and the new OSHA ETS

Source: Alka Ramchandani-Raj and Rachel Fendell Satinsky, Littler

Now that OSHA has released its long-awaited Emergency Temporary Standard (ETS) relating to the COVID-19 vaccine, join Littler for a discussion about how it will impact hospitality employers. Shareholders Alka Ramchandani-Raj, co-chair of Littler’s Occupational Safety and Health Group, and Rachel Fendell Satinsky, discuss the OSHA ETS requirements and how hospitality employers can remain compliant. Listen to this podcast to learn more.

November 5, 2021

Older Workers’ Employment Still Disrupted By The Pandemic

Source: Christian Weller , Forbes

The ongoing pandemic continues to put a heavy burden on older workers. Many lost or left jobs amid the winter surge in the winter of 2021. Jobs are only slowly coming back and long-term unemployment stays high. Retirement is often not an option as many older workers have little or no wealth outside of Social Security. As a result, many older workers have trouble paying their bills, while they look for a new job amid an ongoing public health crisis. Read this article to learn more.

Job creation roars back in October as payrolls rise by 531,000

Source: Jeff Cox, CNBC

The U.S. job market snapped back in October, with nonfarm payrolls rising more than expected while the unemployment rate fell to 4.6%, the Labor Department reported Friday. Read this article to learn more.

Shot Rule Forcing Workers to Pay Testing Costs Irks Advocates

Source: Fatima Hussein, Bloomberg Law

The federal government’s new private-sector vaccination mandate is the type of economy-wide response to the pandemic that worker advocates have recommended since early last year, but some are criticizing how it allows employers to shift testing costs onto workers who resist vaccination. Read this article to learn more.

November 4, 2021

The ‘Great Resignation’ is burning out those who stay. Here’s what they can do

Source: Sharon Epperson and Michelle Fox, CNBC

Much has been made about the “Great Resignation” and the abundance of Americans looking to leave their jobs. A record 4.3 million quit their jobs in August alone, according to the U.S. Department of Labor. Those left behind are feeling the pain. Read this article to learn more.

DOL Formally Reinstates ‘20%’ Rule, Adds ‘30-Minute’ Rule Setting Limits on Tip Credit Use

Source: Justin R. Barnes and Jeffrey W. Brecher, JacksonLewis

On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule establishing limits on the amount of time tipped employees can spend performing work that is not “tip-producing work” and still be paid at the reduced cash wage applicable to tipped employees under the Fair Labor Standards Act (FLSA). Read this article to learn more.

The Coronavirus And The Balance Of Power Between Employers And Employees

Source: Tom Spiggle, Forbes

Throughout American history, there’s been an ebb and flow to the power of the employee. The early stages of the industrial revolution showed the vulnerability of the American worker. In response, there was a rise in collective bargaining and labor unions. Yet the influence of collective action didn’t take full effect until the New Deal. Read this article to learn more.

November 3, 2021

Workers Test Biden’s Vaccine Mandate as Deadline Looms

Source: Kaia Hubbard, U.S. News

From New York City police officers and firefighters to Los Angeles teachers and staff to Massachusetts state employees, a small yet vocal group of workers throughout the country are putting vaccine mandates and employers to the test, walking out of work and opting to go on unpaid leave over signing up for a shot. Read this article to learn more.

Ninth Circuit Rejects Ex-Tinder Employee’s Attempt to Avoid Arbitration

Source: Spencer Ladd, Tyler A. Brown & Scott P. Jang , JacksonLewis

The Ninth Circuit Court of Appeals has ruled that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even though her claims arose before she executed an arbitration agreement. Read this article to learn more.

“Supporting Your Staff’s Mental Health in Trying Times,” Community Association Management Insider

Source: Jamie B. Dokovna, Becker

The stress experienced by community association managers can pose serious problems for their employers, including reduced productivity and staff levels. “We’ve had managers quit because they were burned out,” says Paul Grucza, director of education and client development at the Seattle-based management company CWD Group, Inc. Read this article to learn more.

November 2, 2021

What’s The Future For The Workplace In A Hybrid World?

Source: Adriana Roche, Forbes

As the world looks to open up amidst continued uncertainty relating to the COVID-19 pandemic, leaders at offices big and small look to decide when—and if—they’ll open their doors to welcome employees “back” to work. Read this article to learn more.

Navigating Postpartum Depression at Work

Source: Julia Beck, Harvard Business Review

More people are starting to become aware of the basics of postpartum depression (PPD) and how common it is in the weeks and months after giving birth. But most people don’t know that PPD can strike up to a year after giving birth — long after most maternity leaves are finished — and that the stress of returning to work is a risk factor for exacerbating PPD. Read this article to learn more.

New Employment-Related Laws for 2022 That California Employers Need to Know

Source: Nicole A. Legrottaglie, CDF Labor Law

The California Legislature again had a busy session and passed a number of laws that will materially impact California employers and their business operations. Below is a list of some of the key employment-related bills that have been signed into law by Governor Gavin Newsom. Read this article to learn more.

November 1, 2021

Why Letting Your Employees Build Their Own Work Policies Will Inspire a Resilient Workforce

Source: Savarth Misra, Inc.

As employees experience high levels of burnout, consider putting the power back in their hands. Read this article to learn more.

Why We Need To Talk About Age And Aging In The Workplace

Source: Sheila Callaham, Forbes

No matter what dimension of diversity is discussed, there are layers of complexity. Ageism is no exception. Unfortunately, the complexities around age and aging in the workplace are not being addressed, resulting in continued mismanagement of talent, decreasing employee belonging and discrimination. Read this article to learn more.

DOL Publishes Final Rule to Resurrect 80/20 Rule for Tipped Employees

Source: Daniel B. Boatright, Littler

On October 28, 2021, the U.S. Department of Labor (DOL) announced publication of a final “dual jobs” rule, which reverses course from a December 2020 final rule and resurrects the so-called “80/20 Rule” that governs how tipped employees must be paid under the Fair Labor Standards Act (FLSA). Read this article to learn more.

October 29, 2021

Department of Justice Action Suggests Employers Need to Adjust How They Recruit Foreign Workers

Source: Jessica K. Lang, Ahmed Khan, and Porter Young , JacksonLewis

The PERM Labor Certification Process (PERM) has been used since 2005 by U.S. employers to sponsor foreign national employees for Lawful Permanent Residence, also known as “green cards.” Through the PERM process, employers are required to test the U.S. labor market through a very structured, highly regulated recruitment designed to protect U.S. workers and see if any minimally qualified U.S. workers are available for the position. The employer can only sponsor a foreign national for a green card through the PERM process if no minimally qualified U.S. workers apply for the position. Employers may need to adjust their settled expectations about PERM recruitments in light of a recent lawsuit filed by the Department of Justice (DOJ). Read this article to learn more.

When to File an HR Complaint (And When Not To)

Source: Hallie Crawford, U.S. News

No matter what industry or company you work for, you will face difficulties in your workplace. When that happens, you may feel in need of an advocate at work to help you navigate through those issues. While the human resources department is used to handling uncomfortable work situations, they are not able to handle all work conflicts. Read this article to learn more.

Starbucks and Costco raise wages in the nationwide competition for workers

Source: Alina Selyukh , NPR

Costco has raised its minimum U.S. wage to $17 an hour, and Starbucks will raise its starting pay to $15 an hour. They join a growing list of chains that have added new incentives, trying to keep their workers in a year of mass resignations and stepped-up labor organizing. Read this article to learn more.

October 28, 2021

Former Zuckerberg staff members sue companies that run CEO's family office, alleging harassment, discrimination

Source: Cyrus Farivar, CNBC

An ex-household manager claims he was “groped, propositioned,” while a former security assistant says she was subjected to “defamatory and hyper-sexualized remarks.” Read this article to learn more.

Workers Press for Power in Rare Advance for U.S. Labor Movement

Source: Josh Eidelson, Bloomberg

Along with the Great Resignation and #Striketober, jobless Americans are fighting for unemployment reform that could translate into lasting leverage. Read this article to learn more.

IRS Lifts Barriers to Help Address Labor Shortage Due to COVID-19

Source: Stephanie A. Smithey, Ogletree Deakins

As employers across the country are facing critical labor shortages, the Internal Revenue Service (IRS) has stepped in, attempting to help by removing barriers that may have previously stopped employers from rehiring retirees and dissuaded many workers from continuing to work after reaching retirement age. Read this article to learn more.

October 27, 2021

Paid Leave Advocates Pull Out All Stops to Keep Benefit in Bill

Source: Paige Smith and Emily Wilkins, Bloomberg Law

Paid-leave advocates are turning to an old ally to fight for a new entitlement program guaranteeing all workers access to some paid medical and parental leave—Health and Human Services Secretary Xavier Becerra. Read this article to learn more.

Creating Flex Work Policies … When Everyone Has Different Needs

Source: Liz Kislik, Harvard Business Review

When it comes to flexible work arrangements, it’s tough to satisfy everyone. Whatever any organization is doing — requiring everyone to return to the office, keeping people at home, or some mix of the two — you can be sure that at least a handful of people want or need something else. How can you treat your people as the individuals they are without creating a chaotic mess of confusing, arbitrary exceptions? The author presents six strategies for managers during this period of transition. Read this article to learn more.

Why Change Management Doesn’t Work: Millions Are Still Leaving The Workforce—Should You?

Source: Chris Westfall, Forbes

The Great Resignation has left millions of positions unfilled, as US workers continue to leave jobs in record numbers. Where is the change management that will turn the tide? Employers are hungry for new ideas to help keep workers engaged, while reducing turnover. Read this article to learn more.

October 26, 2021

‘Striketober’ Walkoffs and Worker Unrest: Labor Fights Explained

Source: Robert Iafolla, Bloomberg Law

Labor unrest has commanded a national spotlight this month—earning it the moniker “Striketober”—as a wave of workers have walked off the job in protest, following record-setting levels of resignations across all industries that have left businesses scrambling for workers. Read this article to learn more.

Thousands of workers are opting to get fired, rather than take the vaccine

Source: Andrea Hsu, NPR

Across the country, employers are firing workers for refusing to comply with vaccine mandates. Some people are opting to quit their jobs rather than take the shot. Read this article to learn more.

The ‘Anti-Work’ Movement Is A Sign Something’s Rotten In The Workplace

Source: Barnaby Lashbrooke, Forbes

In August alone, 4.3 million Americans voluntary left their jobs and the rate of people quitting increased to a series high of 2.9%, data from the U.S. Bureau of Labor Statistics revealed. Read this article to learn more.

October 25, 2021

‘This is NOT normal’: Facebook employees vent their anguish

Source: John Hendel, Politico

The messages provide a rarely seen window into the company and often reflect matters of conscience bearing down on many of Facebook’s more than 60,000 workers. Read this article to learn more.

Employers Who Connect With Workers Could Gain From Upheaval

Source: Roger Trapp, Forbes

With coronavirus infection rates still stubbornly high in many parts of the world, particularly the U.S. and the U.K., there is understandable confusion about the best ways for organisations and their employees to proceed. For some, the fact that significant proportions of the populations of the countries in which they operate are vaccinated, combined with the availability of regular testing, is enough cause to press for a return to some kind of normality. Others, especially those who have to travel on public transport or have roles that bring them close to customers, are more circumspect. Read this article to learn more.

These companies have a 4-day workweek. Here’s what they’ve learned

Source: Michelle Fox, CNBC

As employers reimagine the workplace post-Covid, a four-day work week may become a new perk. Read this article to learn more.

October 22, 2021

Florida’s DeSantis Calls For Ban On Employer Vaccine Mandate—Days After Similar Effort Fails In Texas

Source: Nicholas Reimann, Forbes

Florida Gov. Ron DeSantis (R) said Thursday he will call a special session of the Florida legislature to vote on banning private companies from enacting vaccine mandates, as part of a plan to take even stronger action against public Covid restrictions, in a state already known for its aggressive stance. Read this article to learn more.

How To Return To Work With Grief

Source: Jessica Gold, Forbes

“How Are You?” These are three simple words that used to be easy to ask one another, almost as if we assumed the answer carried no weight at all. But, with each passing month of Covid-19, these words have become all the more challenging to both ask and answer. Read this article to learn more.

1 in 5 gig drivers got unemployment benefits at pandemic peak

Source: Greg Iacurci, CNBC

About 1 out of every 5 drivers in the gig economy was collecting unemployment benefits at the pandemic’s peak, according to a new analysis published by the JPMorgan Chase Institute. Read this article to learn more.

October 21, 2021

Federal OSHA Threatening to Pull the Plug on State Plans Refusing to Enforce Healthcare ETS

Source: Melanie L. Paul, Catherine A. Cano, and Sierra Vierra , JacksonLewis

Many states have Occupational Safety and Health Administration (OSHA)-approved workplace safety and health programs (OSHA State Plans) and enjoy enforcement autonomy over workplace safety and health in those states, particularly with respect to the COVID-19 pandemic. OSHA State Plans that have not adopted OSHA’s Emergency Temporary Standard (ETS) related to COVID-19 — the healthcare ETS issued for healthcare employers on June 17, 2021 (Healthcare ETS) and the forthcoming vaccine ETS — may soon be feeling the wrath of the federal government and risking revocation of their OSHA State Plan status. Read this article to learn more.

Legal Weed, Tight Labor Market Has Companies Dropping Drug Tests

Source: Stephen Joyce and Joyce E. Cutler, Bloomberg Law

Amazon.com Inc. stopped testing for the presence of cannabis this summer, as did other companies facing a tight labor market and compliance challenges as more states legalize marijuana. Read this article to learn more.

Salary Negotiation Mistakes That Women Need To Avoid

Source: Robin Ryan, Forbes

The largest raises you’re likely to obtain in your career come from quitting your job and going to work for another employer, but only if you avoid the minefield of mistakes women often make. Read this article to learn more.

October 20, 2021

The Great Resignation: Why millions of workers are quitting

Source: Shawn Baldwin, CNBC

Americans are leaving their jobs in droves. In August 4.3 million Americans quit their jobs. While some people have left the workforce entirely, job security and better pay are top concerns for others. Read this article to learn more.

Kaiser Permanente Workers Rebel Against Two-Tier Wage System

Source: Ian Kullgren, Bloomberg Law

More than 30,000 Kaiser Permanente workers on the brink of a strike are motivated by a grievance that’s factored into much of the recent labor unrest nationwide—a proposed two-tier wage system that would pay starting workers less than their more experienced colleagues. Read this article to learn more.

Here are some steps to rebuild your retirement savings plan after being unemployed

Source: Carmen Reinicke, CNBC

Time out of work — either planned or not — can have a major impact on your retirement savings. In September, there were still 2.7 million Americans who had been unemployed for 27 weeks or more, according to the latest jobs report from the U.S. Bureau of Labor Statistics. Read this article to learn more.

October 19, 2021

Southwest drops plan to put unvaccinated staff on unpaid leave starting in December

Source: Leslie Josephs, CNBC

Southwest Airlines has scrapped a plan to put unvaccinated employees who have applied for but haven’t received a religious or medical exemption on unpaid leave starting by a federal deadline in December. Read this article to learn more.

Tying Together Child Care Benefits With Employee Retention

Source: Jeff Brazier, Forbes

Are you thinking about making child care part of your corporate benefits offerings? If not, you should be. As businesses seek solutions for pandemic-related staffing issues, child care is one issue at the forefront. If parents and caregivers don’t have viable options to care for their children during the workday, they can postpone re-entry into the workforce and leave current positions in search of work-from-home alternatives. Our children should and do come first. So, why not be part of the solution instead of contributing to the child care conundrum? Read this article to learn more.

Cannabis Legalization and its Impact on the Transportation Industry

Source: Keya C. Denner and Matthew T. Clark, FordHarrison

While employers in the transportation industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the ever-increasing tally of states and localities across the country legalizing cannabis for medicinal and recreational purposes. Read this article to learn more.

October 18, 2021

Punching In: Mapping Out Legal Challenges to Biden Vaccine Rule

Source: Chris Marr and Ian Kullgren, Bloomberg Law

Republican governors and state lawmakers pushing back against workplace vaccine mandates are setting the stage for legal clashes—most notably in Texas—as a federal standard requiring vaccines or routine testing for tens of millions of workers nears release. Read this article to learn more.

DOJ Is On the Prowl to Prosecute “No-Poach” Agreements

Source: Dan M. Forman and Linda Wang, CDF Labor Law

The Department of Justice (DOJ) finally fulfilled its long time promise to criminally prosecute “no-poach” agreements. A no-poach agreement is an agreement between two or more employers not to hire employees away from each other. Read this article to learn more.

South Carolina Supreme Court Upholds Governor’s Early Termination of Federal Unemployment Benefits

Source: Katie Towery and Bill Foster, Littler

In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court’s dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster’s decision to end federal unemployment programs early. Read this article to learn more.

October 15, 2021

Employers In A Pinch As Workers Say, ‘Take This Job And Shove It’

Source: Bryan Robinson, Forbes

The labor force is on the march, and employers nationwide are in a hiring crisis. Resignations and job vacancies have spiked, many job seekers aren’t rushing to find new opportunities and workers at Kellogg and John Deere are striking to get their demands met. The pandemic has broken the job market as workers jump ship in droves, reshaping how the American workforce thinks about their careers and personal lives. Read this article to learn more.

Strategies For Getting The Job You Really Want

Source: Rodger Dean Duncan, Forbes

The job market is a crazy place these days. As pandemic life slowly recedes (despite flareups in some areas), people are rethinking what work means to them. They’re reassessing how they are valued and how they spend their time. Read this article to learn more.

16 million people 65 and older will be in the workforce by 2030. These are the best and worst states for them to work and live

Source: Greg Iacurci, CNBC

The number of older workers in the labor force is expected to swell over the next decade. By 2030, there will be 16.1 million workers 65 and older, compared to 10.6 million in 2020, according to the U.S. Bureau of Labor Statistics. Read this article to learn more.

October 14, 2021

More than a third of jobless Americans are still long-term unemployed — and without benefits

Source: Greg Iacurci, CNBC

More than a third of jobless Americans are still long-term unemployed, and federal benefits for these workers ended more than a month ago. Read this article to learn more.

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