Harassment prevention is still a top priority for federal agencies (which means it should be a priority for all employers). Last spring, we blogged about the EEOC’s guidance on this issue, and now the OFCCP has issued its own guidance, this time focusing on harassment in the construction industry.
There is nothing particularly
With Thanksgiving right around the corner, now is the perfect time to reflect on things for which we have to be thankful. In the ever-evolving world of labor and employment law, there have been several significant developments over the past year that employers can appreciate.
Here are five key updates for which we are thankful:
![That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption](https://www.employmentlawinsights.com/wp-content/uploads/sites/36/2024/11/Woman-Standing-in-Maze-GettyImages-1420679447.jpg)
By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025 affecting the standard an employer must meet to prove an employee is exempt from overtime requirements under
The landscape of employment is undergoing a seismic shift as employers increasingly integrate technology, particularly artificial intelligence (AI), into workplace practices. AI workplace uses include a variety of applications, such as resume screening, employee monitoring software, and video interviewing tools that evaluate candidates’ performances. In light of this transformation, the United States Department of Labor
The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of petitions received in FY 2021. Further, unfair labor practice charge filings are up 7% from FY 2023
Most employers have gotten the hang of handling FMLA requests: Make sure the employee is eligible; get paperwork from the provider; and monitor the amount of time taken. Whether all supervisors are overjoyed with every employee’s desire to take off due to a qualifying condition is another matter. But if you follow the procedures and
We have news on two fronts:
As related to the Federal Trade Commission’s nationwide ban on noncompete agreements, the FTC has appealed the federal court injunction in Texas to the federal Fifth Circuit Court of Appeals in New Orleans. Recall that the FTC issued its nationwide ban, with limited exceptions
What happens if OSHA issues a citation and you do not agree with any or all of it? You have 15 working days from the date you receive the citation to contest in writing the citation, proposed penalty, and/or the abatement date.
Before formally contesting a citation, employers may request an
Many employers have a false notion that OSHA cannot issue a citation if there is no specific standard violated.
The reality is, however, that OSHA has a catchall/gap filler provision that allows it to cite an employer even if no specific standard was violated: the “General Duty Clause,” Section 5(a)(1) of the Occupational Safety and
In recent weeks, the EEOC has filed a number of lawsuits on behalf of individuals, alleging a range of employment claims. Here, we provide a brief overview of those lawsuits and the issues that may be on the EEOC’s mind.
As you likely know, a current or former employee bringing certain claims against