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NLRB Returns to More Lenient Standard for Employees’ Abusive and Profane Misconduct
May 5, 2023
The National Labor Relations Board announced a return to the pre-2020 “setting-specific” standard in cases where employees are disciplined for misconduct occurring during the course of activity protected by the National Labor Relations Act.
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Worklaw Comments on FTC Proposed Non-compete Rule
May 4, 2023
Worklaw recently submitted comments opposing the FTC’s proposed new rule on non-compete agreements.
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How Are Employers’ COBRA Obligations Impacted By the Official End to the COVID-19 National Emergency?
May 1, 2023
In January 2023, President Biden announced his intention to end the National Emergency by May 11, 2023. Whether the National Emergency ends on May 11 or earlier, employers need to know what to do to comply with their COBRA obligations when that happens.
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NLRB Limits Employers' Authority to Discipline During Workplace Activism and Union-Related Activities
May 1, 2023
On May 1, 2023, the National Labor Relations Board issued a decision in the case of Lion Elastomers that restores legal protection for workers who engage in profane speech or conduct in the context of workplace activism and union-related activity.
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Biden Administration Ends Federal Vaccine Mandates – What This Means for Employers
May 1, 2023
On May 1, 2023, President Biden issued a statement announcing the end of the federal COVID-19 vaccine mandates, including those impacting federal contractors and CMS-covered healthcare employers, among others. But what impact does this have on employer vaccine mandates?
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The EEOC’s “Best Practices” for LGBTQI+ Employment Equity
April 27, 2023
In a recent article, the EEOC goes through a detailed and rather fascinating history of LGBTQI+ employees in the federal workplace.
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Illinois: Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation
April 25, 2023
In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining agreement.
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Don’t Deny a Reasonable Accommodation that Exists – Really!
April 19, 2023
Some recent announcements from the Equal Employment Opportunity Commission (which is the federal agency that enforces federal anti-discrimination laws) provide some lessons for employers on possible reasonable accommodations under the Americans with Disabilities Act.
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Shortage of Physical Therapists and Nurses Allows for Short-Cut to Permanent Residency
April 18, 2023
Employers in the healthcare industry may have a leg up when tapping foreign workers for employment via EB-2 employment-based permanent residency (i.e. “green card”).
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Oregon’s Minimum Wage Rates Increasing up to 5.6% on July 1, 2023
April 17, 2023
The Oregon Bureau of Labor and Industries has announced new minimum wage rates throughout Oregon that will take effect on July 1, 2023.
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Maryland: New Employment Laws – Expedited Minimum Wage Increase, Changes to Paid Family and Medical Leave, and More (and a Webinar!)
April 12, 2023
The Maryland General Assembly’s 2023 session ended at midnight on Monday, April 10. Although there were fewer employment bills passed this year compared to recent years, several of them will have a significant impact on employers.
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Conflict Between Oregon Family Leave Act and Paid Family Leave Creates Heartburn for Employers
April 11, 2023
Oregon employers (and their attorney advisors!) are experiencing various degrees of heartburn as they struggle to revise leave policies, employee handbooks, and sometimes collectively bargained agreements, in order to account for Oregon’s new Family and Medical Leave Insurance program that will start paying benefits September 3, 2023.
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