The D.C. Circuit on today vacated the National Labor Relations Board’s decision clearing recycling company Browning-Ferris of joint employer liability, knocking the board for failing to grapple with the company’s indirect control over a staffing company’s workers, as another appellate panel directed it to do earlier in the case.
For now, this is great news for PEOs and staffing firms.
Future Of EEOC Pay Data Survey Unclear After Report
Yesterday, the head of the EEOC declined to take a firm stance on the future of a shelved pay equity survey after an expert panel said the methodology needs fine-tuning before the program should be rebooted.
DC Reverses Course on Non-Competes
On July 12, 2022, the DC Council passed the Non-Compete Clarification Amendment Act of 2022 (B24-0256) (“Amended Act”) to amend 2020 law that would ban on non-compete clauses with a ban for use where employees’ total compensation per year is less than $150,000, or $250,000 for medical specialists.
The Amended Act, which will take effect on October 1, 2022, significantly scales back the Ban on Non-Compete Agreements Amendment Act which would made DC the most stringent non-compete prohibition in the US.
MA Enacts CROWN Act
Following about a dozen other states, MA passed a law on July 26th that bans discrimination based upon natural and protective hairstyles in workplaces, school districts and certain school-related organizations. Specifically, the new law prohibits discrimination on the basis of hair texture or hairstyles associated with race, including, but not limited to, natural and protective hairstyles, such as braids, locks, twists and Bantu knots.
NLRB, DOJ Join Forces To Tackle Misclassification
Hot on the heels of a partnership with the Federal Trade Commission, the National Labor Relations Board general counsel said Tuesday that she’s teaming up with the U.S. Department of Justice to go after anticompetitive employer practices, including worker misclassification.
NY COVID Leave Runs Until End of Year
In 2021, NY passed a law providing up to four hours of paid leave for employees to receive a COVID vaccine, (see Labor Law Section 196-C). The law was recently amended to remain in effect through December 31, 2023. As a reminder, this leave does not go against any other leave, including paid sick leave.
Latest Trend: States Banning Political Meetings
CT now gives employees a cause of action for an employer meeting that “subjects or threatens to subject any employee to discipline or discharge” because the employee refuses to “attend an employer sponsored meeting … the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters” or refuses to “listen to speech or view communications, the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters.” Conn. Gen. Stat. § 31-51q, as amended by S. B. 163 (2022).
Trojan Horse: COVID Hazard Pay
Beware: employees have filed at least 14 federal collective actions against employers for allegedly failing to pay all overtime owed because they didn’t include virus pay boosts when calculating overtime rates, according to a Bloomberg Law review of cases. Nine of those lawsuits have either settled or are in the process of being settled.
Written by: Gordon M. Berger, Partner